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HomeMy WebLinkAbout11000150095001_Variances_04-25-2012Variances 2 Barcode 128 11104S2 DOC# 1110482 1110482 Fee; $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTADate Stamp Certified, Filed, and/or Recorded: June 14, 2012 10:45 AM Wendy L. Metcalf, RecorderL/L V RECEIVED^- MAY 11\ 201^ LAND & RESOURCE Returned To: LAND & RESOURCE By: NDB L&R Initial 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 .M,TO0 Application Fee 57i(,jzo|Z.COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date St. Ann's Church, Wadena, MN (Arch Diocesg^^i^^g 218-631-2505 PROPERTY OWNER Paul Carlson, Attorney1114 3rd Street, Wadena, MN 56482MAILING ADDRESS LAKE CLASSLAKE NAMELAKE NUMBER 36 W TOWNSHIP NAME Compton134 NSECTION RANGETOWNSHIP E-911 ADDRESS PARCEL NUMBER 31545 615th Ave, Wadena, MN 56482R11000150095001 LEGAL DESCRIPTIONBeginning at the Southeast corner of the Northwest Quarter (NWl/4) of Section 15, Township 134 N, Range 36 W of the 5th Principle Meridian; thence running west on the half section line 20 Rods; thence due north 20 Rods; thence due east 20 Rods to the half section north and south line; thence due south on said line 20 Rods to the place of beginning. Containing 2.5 acres, more or less. TYPE OF VARIANCE REQUESTED (Please Check) Subdivision X Cluster WECSSewage System Misc.Structure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Owner proposes to redraw the boundaries of the Compton Cemetery to conform with the existing fence lines. Owner will deed approximately 1.2 acres to two adjoining property owners and receive approximately 0.3 acres from one adjoining property owner. This will reduce the Compton Cemetery from approximately 2.5 acres to approximately 1.6 acres which will not meet the 2.5 acre requirement of Section VII(1) of the Subdivision Controls Ordinance of OTter Tail County. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THATpTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT/REGARDING THIS MATTER. / SIGNATURE OF ^Ro'FERTY OWN^^^/^^NT FOR OWNER DATE O,NED 345.194 • Victor Lundeen Co , Printers • Fergus Falls, Minnesota TimeDate Of Hearing ur^ Motion St. Ann’s Church - Approved the variance as requested. (7:30 p.m.) After consideration and discussion, Thomas Lee made a motion, second by Joe Maske and unanimously carried, to approve the variance as requested in the application dated April 25, 2012 and as depicted on the drawings submitted with the variance application. Permit(s) required from Land .& Resource Management Yes (Contact Land & Resource Management) X- No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR__ '^‘Tlease send notification to Applicant’s attorney, bk 072011-001 Paul F. Carlson, PO Box 647, Wadena, MN 56482 L R Official/Date LAW OFFICES KENNEDY, CARLSON & VAN BRUGGEN, LLP 116 Ash Avenue NW, P.O. Box 647 Wadena, Minnesota 56482-0647 (218) 631-2505; Fax (218) 631-9078 Park Rapids Office (218) 732-4226 Menahga Office (218) 564-4406 www.kenelaw.com Senior Attorney Charles R. Kennedy Qualified Neutral in MN & ND Associate Malcolm Wh5mott Paul F. Carlson Also Licensed in Illinois Matthew S. Van Bruggen Also Licensed in South Dakota May 22, 2012 Otter Tail County Board of Adjustment Government Services Center 510 Fir Avenue West Fergus Falls, MN 56537 Re; St. Ann's Church Application for Variance To Whom It May Concern: I am writing to correct the address for St. Ann's Church as it appears on our Application for Variance. The correct address for the Church is 214 First Street SE, Wadena, MN 56482. Please change our records to reflect the correct address. I apologize for any inconvenience this has caused. Since)y> "CARLSON BRUGGEN, LLP pcarlson@kenelaw.com PFC/cw cc: Father Don Wagner received MAY 28 201Z OTTER irtiLwU.rtUL)lTOR FERGUS FALLS, MN SCANNED CM W /JCif f->^-'j<ii:i^ I WARRANTY PEED.6—if JhA r t nfv fpti far HtcorA ------d«jr J.a.w£•J 'y_jL-fe£k»-tieSLsf&ii: 4 ft i'. V-: i-^-If’■ni‘.- i-'M^4-6- <«*, OIK y/uxKax/I fcw«d»»<i lutd tiihty-^itrZei^l^. 1:JL^,YfrT cf..UDu -4-^-- fir>t part, in eeruMemtiol^cf ikt pam^jS; t I UU%.s:x^.f IS! 4 tfti^jparl !A^ of lli« aemd part.l/ie reteipl tehereof h Uercbtj aVnondedied, ]ut)darunitd. S^aimd anii Sold and Cotuxacdfand do bn lljte fmt tfnrOnln and Sell and Conimii to the mid jarl '•'{ ofiho *foon<t and tueiinOi forever, _ i)_ .7/j l-^J Z jf. v ./..'.'X . . B.i.-.. .■ ... ii fi WJTXBSSKtn.ThaH • i-f Of the «imjc.4e Orant, ••,-i~ii-Zirfid I at folfotve. to-iait, ..:f.'7 m -------------------------pitet «rrI SI 7-' i. . V .*«■ (, II ,:.tp.yo-'-', /yn^-Yl \ 4:-±r^^ J.iM)S IJ !iv-srrv^-I? 7' _ II y -i p* • J- -Ti:7. 1? TO i/./r/; *W7? TO HOLD TUK !^a4MF., To^ethe*' ivith^aU thi hercdiUim^nts and appurtenances OtercunJo •7 . . C 'on^mS Y turfmytviim appertnininji, unto thr snul pnrD'^ of ......—„,^eln oiu? Forever, Aud the, mid^^/dtCflrr^ i..-'-, *•.., 'f ---__________________........... -......^rU^of the firet partt doA^unmnlt with the mid heirs awl asst^ne, ns follows: First, eeised of said premises; that ^4' *,^r* * o-^ '^ootl rr'^/i-t to eonrrj/ the. smne: Thinl, that ^he art free front nil ineumhmnceji,................... ... ,; nml Fourth, tluii lh<^saiil.^ J> ftnrl '■' of the Kcotul fxirt, t -dr^"^•Sfcmid t the scrnutl pf^2^ill H'arraniI 1»trt. I <im\ Dtfewl the title to the sar t u^t:in*.* ml fnirful cJnintJi. hritit uwl assigns, shall quietltjeujoif atul possess Ikcsasnc; and: tlu inti r.r TKSU.UOXr nilSSEOF. m mid jnri J.'iof Ihefint parthn .'Ultra,yde >tt^d'-.y^an,l4aula0ymdr..................MalAhr. dny r./Kf tjear f rst oltoi'r irriften.\nic life.' yl'ui l-i )U'sgood, 8e^ ^i asd DoUvrrod la Presence cf .[Seai.]I u.I « y r St. Ann’s Church - Approved the variance as requested. (7:30 p.m.) St, Ann’s Church, part of the Northwest Quarter, section 14 of Compton Township, requested the following: Owner proposed to redraw the boundaries of the Compton Cemetery to conform with the existing fence lines. Owner will deed approximately 1.2 acres to two adjoining property owners and receive approximately 0.3 acres from one adjoining property owner. This will reduce the Compton Cemetery from approximately 2.5 acres to approximately 1.6 acres which will not meet the 2.5 acre requirement of Section Vll(1) of the Subdivision Controls Ordinance of Otter Tail County. Malcolm Whynott and Barb Butler represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Joe Maske and unanimously carried, to approve the variance as requested in the application dated April 25, 2012 and as depicted on the drawings submitted with the variance application. Donna M. Heisler Moen - Approved the variance as requested. (7:34 p.m.) Donna M. Heisler Moen, part of Government Lot 3, Section 31 of Corliss Township by Big Pine Lake, requested the following: small undeveloped triangular portion of Big Pine Lake lot (Parcel 12000310217000) to be subdivided and permanently attached to adjoining lot (Parcel 12000310220000), which is currently owned by Robert and Judy Larson. Both lots to remain buildable for single family residential use. Lots meet minimum lot area and water frontage for platted lots. Lance Heisler represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision as described in the variance application dated May 11, 2012 and as illustrated on the drawings submitted with the application. The variance as requested makes sense based on the existing lot lines and the placement of the existing structures. Steven P. Berg - Approved the variance as requested. (7:36 p.m.) Steven P. Berg, part of Government Lot 9, Section 1 of Sverdrup Township by East Lost Lake, requested the following: request a variance of 27’ from the required 100’ setback to replace existing dwelling and add an addition. Setback will be 73’ to ordinary high water level. Also requesting a variance of IT from the required 30’ bluff setback placing the dwelling 19’ from top of bluff. The applicant’s wife also appeared at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 27’ from the required ordinary high water level setback of 100’ and a variance of 1T from the required top of bluff setback of 30’ for the replacement of an existing dwelling (replacement and addition) 73’ from the ordinary high water level and 19' from the top of the bluff as depicted on the drawing dated May 16, 2012. The proposed development will utilize the same footprint as the existing development with an addition to the rear (away from the bluff) and the proposed development will be an environmentally friendly improvement as it will address the current runoff issue. Gerard and Maureen Knudsen - Approved the variance as requested. (7:40 p.m.) Gerard and Maureen Knudsen, Lot 1 Block 2 Bailey Beach and Parcel C in Government Lot 9, Section 1 of Sverdrup Township by East Lost Lake, requested the following: remove existing cabin and construct new cabin on or behind existing footprint of old cabin which places setback from ordinary high water level mark at 89’ to 96’. This location would be behind “string test” of neighboring cabins on each side. The ordinary high water level variance will allow new cabin not to encroach on existing storage building. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to approve the variance as requested in the application dated April 28, 2012 and as depicted on the drawing submitted with the application. It was noted that the existing cabin and deck will be removed and that the proposed development will be further away from the ordinary high water level than the location of the existing cabin. Hardship/practical difficulty is a substandard lot of record. Scott Jennings Ehike - Approved the variance as requested. (7:42 p.m.) Scott Jennings Ehike, part of Government Lot 1 and part of the Northwest Quarter of the Northwest Quarter, Section 17 of Hobart Township by Rose Lake, requested the following: Too close to road right-of-way. Change existing storage area and raise low portion of existing roof to match existing high roof of dwelling being 0’ from township road right-of-way. Required setback is 20’. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve a variance of 20’ from the required road right-of-way setback of 20’ for the development as proposed in the variance application dated May 14, 2012 and as illustrated on the drawing submitted with the application. It was noted that the proposed development will be in the same footprint as the existing structure.SCANNED LAW OFFICES KENNEDY, CARLSON & VAN BRUGGEN, LLP 116 Ash Avenue NW, P.O. Box 647 Wadena, Minnesota 56482-0647 (218) 631-2505; Fax (218) 631-9078 Menahga Office (218) 564-4406 www.kenelaw.com Senior AttorneyPaul F. Carlson Also Licensed in Illinois Matthew S. Van Bruggen Also Licensed in South Dakota Charles R. Kennedy Qualified Neutral in MN & ND Associate Malcolm Whynott f^ectfVtiD WAy I If 20^2 & RESOURCE May 9,2012 Marsha Bowman Land and Resource Management Otter Tail County Government Services Center 540 West Fir Fergus Falls, MN 56537 Variance Application for St. Ann's Catholic Church - Compton Catholic Cemetery 11-000-15-0095-001 Our File No: 1000555 RE: Dear Ms. Bowman: Pursuant to your request by telephone of May 3 and your letter of that date, I am enclosing the following materials: Evidence of St. Ann's Church ownership of the Compton Cemetery consisting of a Warranty Deed dated January 4, 1889, conveying the land from Joseph Ripeajak and Mary Ripeajak to Rupert Seidenbusch Roman Catholic Bishop of the Diocees of the County of Stearns, State of Minnesota. Also attached is correspondence dated December 30, 2009, from Robert E. Moe, Otter Tail County Assessor, to St. Ann's Catholic Church in Wadena requesting that the church reapply for its property tax exemption for the Compton Cemetery. 1. Completed Application for Variance.2. Black and white scale drawings on the County Scale Drawing Form with the impervious surface calculations on the back; one signed and dated original and six copies. Also enclosed are scaled drawings that are color coded showing the original property lines for the Compton Cemetery and the proposed Compton Cemetery property lines. Please note that Tract A will be conveyed from Mr. Breid to St. Ann's for the Cemetery; Tract B is the St. Ann's/Compton Cemetery; and Tract C will be conveyed from St. Ann's/Compton Cemetery' to Mr. Breid; and Tract D will be conveyed from St. Ann's/Compton Cemetery to Mr. and Mrs. Malone. 3. SCANNED Marsha Bowman Land and Resource Management May 9, 2012 Page 2 4. Our firm check in the amount of $500 for the application fee. I will contact the surveyor and have him stake the property in the next few days. If you have any questions, please contact me. Sincei k^:n , LLP& Paul F. Carlson ^ paul@kenelaw.com PFC/tmj Enclosures c: St. Ann's Catholic Church r Tract A will be conveyed from Gerald and Marlys Breid to St. Ann's Catholic Church to be combined with Tract B to form the new boundaries for Compton Cemetery. This will result in Compton Cemetery being approximately 1.6 acres. Tract C will be conveyed by St. Ann's Catholic Church to Gerald and Marlys Breid. The resulting acreage of Mr. and Mrs. Breid's parcel will be approximately 151.52 acres. Tract D will be conveyed by St. Ann's Catholic Church to Greg and Mary Malone. The resulting acreage of the land retained by the Malones will be approximately 80.03 acres. The resulting acreage of land retained by St. Ann's Catholic Church for Compton Cemetery will be approximately 1.6 acres. ■■I......^.....h i-: FF:t 11SCALE DRAWING FORM I\000 l5~0095'00l Tax Parcel Number(s) !The scale drawing must be a signed drawing which inciudes and identifies a graphic scale (feet), all existing and/or proposed structures, septio tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface . calculations. i = i OO' %Scale Impervious Surface Ratio (Must Com^ta Workshsat On Other Sida^ ■I- f -4= 4.1-i..i ------L..1 deceived iresource .........r~!"i. ;N ..4... { -f-)■ -•T;...... •i exis-^’'^5 fvc< *1Racv_C 0. ^ 1^1 -I r ^7 trTT~f. 4isni[ ^fO'TII T^AcT B I.^Acosii / (Hi.oli! s/A1 330.2.3 r 4. J5O.0^ t ; 13, 7^?642 0\h /^cAs'^5fi !,. ..I ..f-i. 4- ..... 1.1.,i .1 ... 'T . .. i . I, !i 4- i. I I T ■ i cL ^..1.4 1-■■•T..f 4.■f ..I. i SCA^t h ■1....r ! I.... ct^ Lundeen Co. Printers * Fergus J alls. MN * 1'-600-346-4810 44fcrrJM Bic ctTAry-1Signature oi Pttjperty Owner BK —0909 4...f....... 338,596 • Vic f.; IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): £Ft2Structure(s):7 K Ft2Deck(s): R.Ft2Driveway(s):7 Ft2Patio(s): 7 Ft2Sidewalk(s): £Ft2Stairway(s): / 0 Ft2Retaining Wall(s):7 7 Ft2Landscaping: (Plastic Barrier) Other:Ft2 7 Ft2TOTAL IMPERVIOUS SURFACE: LOT AREA: %X 100 = TOTAL IMPER^ioUS SURFACE IMPERVIOUS SURFACE RATIO I Iii 1 to •Original property lines for Compton Cemetery ^Proposed Compton Cemetery property lines HjHKCompton Cemetery to Malone Cemetery to Breid mi,04toCM^£C£/VCD 14 2012 Ui COM- 12613.9 Sq. Feet ± 0.3 Acres ± CO >RC?J bo Centerlineto 33 Existing Fenceline S 88’15’14" W 193.59 ■53.00S 01'20'18" E 64.33 NN 8ff50'49" E N 00*16 66.437^1^.19137.52—- \ Breid #11-000-1500-95002 .*151,52 acres +/- -H oogr-;r>^S-Ho00I05 q00CN|Existing Fenceline 41 CM oifO 1,^1t^ < png^0ilJ a § s ft$35-h © (0 C=j d* 00 ■(D bCMb in <oio© tn O SC=> P^o o osi)aiinzu>oSt, Ann's > ' z| I .#11-000-1500-9^001] \ I 1*01.6 acres +/ Existing Fenceline <© CD ■53.00o3:------ -S 88*01^8“ W 330.23 'yj / \N 88*50’49' E / Y 330.04 / \ iT[M©ir n) / 13765.2 Sq. Feet ± ^ ' 0.3 Acres ± 5187.18■ -—143.06 \44.07*KS 00*16’48" E 39.33-----------------------------/ \S 88*50’49" W 2641.50 Sec±4 to0^ CMMalonet-'in#11-000-1500-98001 *80.03 acres +/- CM 00M-Tilled Held r. A V to *Acreage stated is parcel size after conveyances£o/^y<mxi Scale: 1 inch = 100 feet IRON PIPE FOUND 1/2" IRON PIPE SET ■e o COUNTY OF OTTER TAIL OFFICE OF COUNTY ASSESSOR ROBERT E. MOE, OTTER TAIL COUNTY ASSESSOR GOVERNMENT SERVICES CENTER 505 FIR AVENUE WEST FERGUS FALLS, MN 56537-1364 PHONE: (218) 998-8010 FAX: (218) 998-8305 WEBSITE: www.co.ottcr-tail.mn.us E-MAIL: assessorfeco.otter-tail.mn.us December 30, 2009 ST ANNS CATHOLIC CHURCH ST ANNS CATHOLIC CHURCH 514 1ST ST SE WADENA MN 56482 1803 Re Parcels: 11000150095001 Subject: Exempt Applications From: Robert E. Moe, Otter Tail County Assessor Minnesota Statutes require that certain types of exempt property need to reapply for exemption every three years. The 2010 assessment is the year that this is to be done. Please complete the enclosed application and return it to our office at the address shown above. The parcel number of the exempt parcel is already shown on the application. If you have any questions regarding this please contact our office. Churches need to reapply for exemption on parcels such as cemeteries and parsonages. The House of Worship does not need reapplication. These applications are due back to our office no later than February 16, 2010. Thank you. Sincerely, Robert E. Moe, Otter Tail County Assessor end Application for Property Tax Exemption Please read the back of this form before completing. If you are applying for exemption as an institution of purely pubiic charity, please fill out the “Institution of Purely Public Charity Application for Property Tax Exemption” form. This section is to be completed by all applicants. Please provide the following information for the organization that owns the property on which exemption is being claimed. ____________________________________________________ Date property acquired by organizationName of organization Name of representative or owner iDate of appWcationTitle A. \t>crsucr Mailing address of organization 5iasaI City CountyState \T\r- Zip V'^'G dwiG)6<c4Z In S] Yes □ NoY Is the above organization exempt from federal income tax under section 5Q1 (c)(3)? I The above organization is seeking exemption from property tax under the following category (please check one); O Academy, college, university or seminary of learning O Church, church property or house of worship □ Public property used exclusively for public purposes S Public burying ground I O Public hospital O Public school house □ Other (specify)___ ■ Institution of purely public chanty (If yes, please file for exemption using the “Institution of Purely Public Charity Application for Property Tax Exemption" form.)_________________________________________ , This section is to be completed by all applicants. Please fill out the following information about the § property on which exemption is being claimed. •s Mailing addressi£i-Zip County^ City State ,)\r>v,SL S Legal Description of the property This section is to be completed by all applicants. Please answer the following questions about the use of the property. Parcel ID number 11000150095001 r-lvT- What is the principal use of the above-described property? Additional uses of the above-described property (please give percentage of use): H Yes □ No- ~5 :~555 uses z.'ezz.-, 'eiated to me m.ission of the organization? « Is any part of this property used for commercial purposes? 2 If yes, please explain. □ Yes No a. : ®^ '£ . ® Why is ownership of this property necessary? 3 □ Yes H NoIs any part of this property used for residential purposes? If yes, please fill out next section. *£ ' PLEASE COMPLETE THE BACK SIDE OF THIS PAGE ALSO. ^2.' sec C'/C-i This section is to be completed if any part of the property is used for residential purposes. Please fill out the following information for each person who occupies the above-described property. List additional occupant’s information on a separate sheet and attach it to this application. _ ___________________________ ^ Name of occupant Nature of service/employment □ Full time or □ Part time Sa □ Yes □ NoJ Is occupant required to reside on this property as a condition of employment? •5 If yes, why is this required? Ot/i3 .2 O Yes D No^ Does occupant pay rent, either in cash or as a part of salary? S If yes, please give details. S a. Why is ownership of this residence necessary? Signature of owner or authorized representative. By signing below, I certify that the above information is true and comect to the best of my knowledge, and I am the owner of the property or authohzed representative of the organization that owns the property for which exemption is being claimed.£Making false statements on this application is against the law. Minnesota Statute 609.41 states that anyone giving false information in order to avoid or reduce their tax obligations is subject to a fine of up to $3,000 and/or up to one year in prison. C CO Daytime phone- Applicant’s sjfDature | FOR OFFICE USE ONLY TO BE COMPLETE BY THE COUNTY ASSESSOR Name of organization^ Exem.ption is; Appro\'ed For assessment vearDenied Assessor's Signarare Date • Applying for exemption from property tax Property which is subject to property tax on January 2 that is acquired by a government entity, institution of purely public charity, church or educational institution before July 1 of the year is exempt for that assessment year if the property is to be used for an exempt purpose. No property will be exempt from taxation under Minnesota Statute 272.02 if the taxpayer claiming the exemption knowingly violates any of the provisions of this section. Filing for exemption Most taxpayers claiming exemption from property tax must file an application for exemption with the assessor in the district where the property is located on or before February 1 of the assessment year. Assessor may request additional information Upon written request by the assessor, taxpayers must make available to the assessor all necessary books and records relating to the ownership or use of property which can help verify whether or not the property qualifies for exemption. For most exempt properties, this application must be refilled every third year. No matter what year the taxpayer initially files for exemption, applications will again be due in 2004, 2007, 2010, How we use information Some of the information contained on this form may be shared with the county assessor, the county attorney, the Commissioner of Revenue or other federal, state or local taxing authorities to verify your eligibility for exemption. etc. Churches, houses of worship, property used solely for educational purposes by academies, colleges, universities or seminaries of learning and property owned by the state of Minnesota or any of its political subdivisions are not required to file. Sale or purchase of exempt property Property which is exempt from property tax on January 2 and, due to sale or other reason, loses its exemption prior to July 1 of that year, will be placed on the current assessment rolls for that year. You do not have to give this information. However, refusal will disqualify you from consideration for exemption. Owners of some types of exempt property may be asked to complete a different application instead of or in addition to this form. Penalties Making false statements on this application is against the law. Minnesota Statute 609.41 states that anyone giving false information in order to avoid or reduce their tax obligations is subject to a fine of up to $3,000 and/or up to one year in prison. The valuation will be determined with respect to its value on January 2 of such year. The classification will be based on the use to which the property was put by the purchaser, or in the event the purchaser has not utilized the property by July 1, the intended use of the property, as determined by the county assessor, based upon all relevant facts. In cases of sickness, absence, disability or for other good cause, the assessor may extend the deadline for filing the statement of exemption for a period not to exceed 60 days. What type of property qualifies for exemption? Minnesota Statute 272.02 describes the types of property eligible for property tax exemption. The filing requirements can be found in Minnesota Statute 272.025. 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: St. Ann’s Church 1114 3''''Street Wadena, MN 56482 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, June 7, 2012 at 7:30 p.m.J in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations 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 the Northwest Quarter, Property Address - 31545 615“’ Ave Section 15, Township 134, Range 36 - Township Name - Compton Lake No. 56-NA, Lake Name - NA, Class - NA The variance requested is - the following: Owner proposed to redraw the boundaries of the Compton Cemetery to conform with the existing fence lines. Owner will deed approximately 1.2 acres to two adjoining property owners and receive approximately 0.3 acres from one adjoining property owner. This will reduce the Compton Cemetery from approximately 2.5 acres to approximately 1.6 acres which will not meet the 2.5 acre requirement of Section Vll(1) of the Subdivision Controls Ordinance of Otter Tail County. 'Wt^ne Stein Board of Adjustment Secretary Date: May 18, 2012 OTTER TAIL COUNTY Fergus Falls, Minnesota r 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 18th, day of May, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: St Anns Catholic Church, 514 1"* St SE, Wadena, MN 56482 MaryAnn H Line, Twp Clerk of Compton, 58884 330‘^ ST, Wadena, MN 56482 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, 38019 Dead Lake Rd, Richville, MN 56576 Joe Maske, 14833 Lake Olaf Rd S, Pelican Rapids, MN 56572 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: May 18th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud / GREGORY T & MARY K MALONE 30995 615THAVE WADENA MN 56482 4420 GERALD C BREID 62507 STATE HIGHWAY 29 WADENA MN 56482 3108 ROBERT & BONNIE LUBKEN 32200 ROAD B TRUMBULL NE 68980 9728 ST ANNS CATHOLIC CHURCH 514 1ST ST SE WADENA MN 56482 1803 STEVEN L & DONNA K ROTH TSTS 13890120TH ST WADENA MN 56482 2263 DEON & MELANIE ROTH 11363 COUNTY ROAD 101 WADENA MN 56482 2006 tr received m 0 ’ 28^2 IAHD & RBiOORCE EECOEDED DESCWPTION: Beginning at the south east corner of the Northwest Quarter of Section 15, Township 134 North, Range 36 West of the Fifth Principal Meridian; thence running West on the half section line 20 rods; thence due north 20 rods; thence due east 20 rods to the half section north and south line; thence due south on said line 20 rods to the place of beginning. Containing two and one half acres. PROPOSED MSCRIPTIONS: N 1/4 Cor. Sec. 15, T 134 N. R 36 W TRACT A All that part of the Northwest Quarter, Section 15, Township 134 North, Range 36 West, Otter Tall County, Minnesota described as follows;i Commencing at the Southeast corner of said Northwest Quarter; thence on an assumed bearing of North 00 degrees 16 minutes 48 seconds West along the east line of said Northwest Quarter a distance of 330.04 feet to the point of beginning of the tract to be described; thence continuing North 00 degrees 16 minutes 48 seconds West along said east line a distance of 66.43 feet; thence South 88 degrees 15 minutes 14 seconds West a distance of 193.59 feet; thence South 01 degrees 20 minutes 18 seconds East a distance 64.33 feet; thence North 88 degrees 50 minutes 49 seconds East a distance of 192.19 feet to the point of beginning and there terminating. Containing 0.3 acres, more or less. I CD <N1CD04 UJ OOI Subject to easement for Township Road right-of-way. Subject to any and ail easements of record. CO b o1T[^©Tr 12613.9 Sq. Feet ± 0.3 Acres ± Centerline Of RoadI(/) TRACTS33 I All that part of the Northwest Quarter, Section 15, Township 134 North, Range 36 West, Otter Tall County, Minnesota described as follows;Existing Fenceline S 88'15 14 W V )i ■ i»-Q- 193.59 ——■53.00 Commencing at the Southeast corner of said Northwest Quarter; thence on an assumed bearing of North 00 degrees 16 minutes 48 seconds West along the east line of said Northwest Quarter a distance of 44.07 feet to the point of beginning of the tract to be described; thence continuing North 00 degrees 16 minutes 48 seconds West a distance of 285.97 feet; thence South 88 degrees 50 minutes 49 seconds West a distance of 192.19 feet; thence South 01 degrees 20 minutes 18 seconds East a distance of 288.71 feet; thence North 88 degrees 01 minutes 28 seconds East a distance 187.18 feet to the point of beginning and there terminating. Containing 1.3 acres, more or less. S 01’20’18” E 64.33 I N 88‘50’49”N 88'50’49" E N 00'16’48” V 66.43\--------192.19137.52----- 1 1-H I IM]r>.Subject to easement for Township Road right-of-way. Subject to any and all easements of record. S-H ® ^ CO d- 2^© CO o tg? ^1 ;qK) 00 ■i-OOExisting Fenceline -H CM I S mnLJ 00 g-H © ^ CO [R' D-u © U)0 S '“•CD &=■ P; d TRACT CGO b I 00'i- E 1/4 Cor. Sec. 15, T 134 N, R 36 W CD c-All that part of the Northwest Quarter, Section 15, Township 134 North, Range 36 West, Otter Tail County, Minnesota described as follows;O D@blOU)oExisting Fenceline ' z Commencing at the Southeast corner of said Northwest Quarter; thence on an assumed bearing of North 00 degrees 16 minutes 48 seconds West along the east line of said Northwest Quarter a distance of 44.07 feet; thence South 88 degrees 01 minutes 28 seconds West a distance of 187.18 feet to the point of beginning of the tract to be described; thence continuing South 88 degrees 01 minutes 28 seconds West a distance of 143.06 feet; thence North 00 degrees 16 minutes 48 seconds West a distance of 290.71 feet; thence North 88 degrees 50 minutes 49 seconds East a distance 137.52 feet; thence South 01 degrees 20 minutes 18 seconds East a distance of 288.71 feet to the point of beginning and there terminating. Containing 0.9 acres, more or less. W 1/4 Cor. Sec. 15, T 134 N, R 36 W Power PoleCD■53.00o (Typ.) I.S 88*01^8” W 330.23 y*' / \N 88‘50’49“ E f \ 330.04 / \ ir[^©'ir ® / 13765.2 Sq. Feet ± 5. ' 0.3 Acres ± 187.18-^143.06 \*44.07 S 88'50’49” W 2605.07S 00'16’48” E 39.33------^ S 88'50’49” W 2641.50 SE Corner NW 1/4, Sec. 15, T 134 N, T 36 W Subject to any and all easements of record.±41 roon TRACT D<NI mCM All that part of the Northwest Quarter, Section 15, Township 134 North, Range 36 West, Otter Tail County, Minnesota described as follows; St 00 Beginning at the Southeast corner of said Northwest Quarter; thence on an assumed bearing of North 00 degrees 16 minutes 48 seconds West along the east line of said Northwest Quarter a distance of 44.07 feet; thence South 88 degrees 01 minutes 28 seconds West a distance of 330.23 feet; thence South 00 degrees 16 minutes 48 seconds East a distance of 39.33 feet; thence North 88 degrees 50 minutes 49 seconds East a distance of 330.04 feet to the point of beginning and there terminating. Containing 0.3 acres, more or less. Tilled Field CO b o z Subject to easement for Township Road right-of-way. Subject to any and ail easements of record.£ox^(mx£ IRON PIPE FOUND 1/2” IRON PIPE SET W/CAP MARKED 43415 POWER POLE TELE & ELECT PED PROPERTY UNE SECTION UNES RIGHT OF WAY FENCE UNE ■o om B SCALE IN FEET BEARING SYSTEM IS BASED ON ASSUMED DATUM FOR THE EAST-WEST QUARTER LINE OF SECTION 15 AS S 88'50’49” W -X— S 1/4 Cor. Sec. 15, T 134 N, R 36 W Note: Official Copies Of This Map Are Crimp Sealed REVISION DESCRIP'nONNO.DATE BY Date Sheet No.I hereby certify that this plan or report was prepared me or under my direct supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the State of Minnesota. Ronald L Camell Sr. [Lp[Lo©o [Po®a ©^[^K][1[L[L ©QJ]©WiVD[M]© [Lo[Lo©o .^[TDDrD'g ©§}fi[h](Q)DD© ©[JDQIIir©^ @[1©^D®[M] Hgg IT Mg K ©d W ©GGdD' TT§]qO ©@[iDDfi]%g MM 2/21/12 1Drawn by ofRLCIPg][fDs ©g][pDd]©g M\M\Signed:1Checked by RLC/ / 2^License No. 43415Dote SheetsA Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH: 218-998-8095 OTTER Tail County’s Website: www.co.otter-tail.mn.us / Mays, 2012 Paul F. Carlson Kennedy, Carlson & Van Bruggen Law Offices PO Box 647 Wadena, MN 56482 RE: Variance Application for St Ann’s Church (Cemetery), 11-000-15-0095-001 Dear Paul F. Carlson: Per our phone conversation of this morning, I am returning the above mentioned Variance Application (& drawings). As we discussed, you should clarify the existing lot lines, proposed lot lines, and indicate “where” the permanent attachments will occur (you indicated that you might color code the map). In reviewing the information, it would also be helpful to include all of the parcel numbers involved on the map. The area retained by both of the parcels that are being subdivided should be stated on the Application. This will assist in clarifying the required variances. If you have any questions, please contact me. Sincerely, Marsha Bowman Assistant Administrator Date Stamp 0 2 2312 LAND : :;::cOURCE L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee I COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date _J______ St. Ann' s Church, Wadena, MN (Arch Diocesg^^i^'E pHONE^^ PROPERTY OWNER Paul Carlson, Attorney1114 3rd Street, Wadena, MN 56482MAILING ADDRESS LAKE CLASSLAKE NAMELAKE NUMBER 36 W134 N TOWNSHIP NAME ComptonSECTIONRANGETOWNSHIP E-911 ADDRESS PARCEL NUMBER 31545 615th Ave, Wadena, MN 56482R11000150095001 LEGAL DESCRIPTION Beginning at the Southeast corner of the Northwest Quarter (NWl/4) of Section 15, Township 134 N, Range 36 W of the 5th Principle Meridian; thence running west on the half section line 20 Rods; thence due north 20 Rods; thence due east 20 Rods to the half section north and south line; thence due south on said line 20 Rods to the place of beginning. Containing 2.5 acres, more or less. TYPE OF VARIANCE REQUESTED (Please Check) Subdivision X ClusterStructure Size Sewage System WECS Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Owner .proposes to redraw the boundaries of the Compton Cemetery to conform with the existing fence lines. Owner will deed approximately 1.2 acres to two adjoining property owners and receive approximately 0.3 acres from one adjoining property owner. 'This will reduce the Compton Cemetery from approximately 2.5 acres to approximately 1.6 acres which will not meet the 2.5 acre requirement of Section VIl(l) of the Subdivision Controls Ordinance of OTter Tail County. ' i I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND I MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. j I ALSO UNDERSTAND THATTOTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEM^Nt/rEGARDING THIS MATTER. 2--^ I ^R^^ENT FOR OWNER I DATESIGNATURE OF PROPERTY OWN APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) I 345,194 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota 1I 83291 KENNEDY, CARLSON & VAN BRUGGEN, LLP and Wadena, Minnesota 75-1383-912116 Ash Avenue NW, PO Box 647 Wadena, MN 56482 218-631-2505 Fax 218-631-9078 4/10/2012 gv>1oa PAY TO THE ORDER OF Otter Tail County Land & Resource Mgmt.$ **500.00 Five Hundred and 00/100***************************************************************************************************.DOLURS ^ V)otter Tail County Land & Resource Mgmt. Government Services Center 540 West Fir Fergus Falls MN 56537 Kenr^y, Carlson & Van Bruggen, LLP a MEMO 7 AUTHORIZED SIGNATURESt. Ann's Catholic Church - File No. 1000555.00 i:oq I a L 3 5i: i a&Bn* ) ( ■ SjS iP3St- ” T? -pSs f-•^2 <%> %8 <£>%> I■I 'iP> A^1 i; Wimuip.i g * iI ? i*■ Iss r 1^"U sI! p I !f s1 li n QI.M6 IB' » ? ■>?? •. I II ?Iiiii maore;iIIII;V ■Ii {e I III • )i h\7 muc90 s>>:y •? ■--It*t —i'K,Hf----------/---->t ocriea w :a7jrj $ <X716'43' I :rj>h 5 “317-''•Kii! i ,N J ? F sil Ilf! I i I 11111114 111{ lift!! H ill II i I i i! I ill I 2 |j I III I 2 If I f! I 2 I i,< I1 HI ! I ill I! ! I! : i I I 1rtf i'te i Hi i # ?I P* I I I I pip I II fill! I I m ^|! Wi I I fipl .1 if lifM -i if tflP I ' !*iillsllj I S^ffEay p4S»|ajt iaSpiajf a|l1 {!! ’ fif! ' If 1 11 ! f f f i Mi l * fl I filll I pi 11 imi I |i|f I??ssa s l|||a nl{|l r ; il t"11 I pi !- ■'Pi 1 ci J ' 'IIII!Ill Im!III ?I ill y. IP s.1„S8g .- ml I !f!i I HrI}\ ? W!LIIUSt f!f‘ip IH I ?■II i si^ ■; 1"Ifipm sIIlillItIfiifim111 i filM !!■f!-1 Ills Mt mma I pr:Iff “ 8 ?I\L ^I t si LAW OFFICES KENNEDY, CARLSON & VAN BRUGGEN, LLP 116 Ash Avenue NW, P.O. Box 647 Wadena, Minnesota 56482-0647 (218) 631-2505; Fax (218) 631-9078 Menahga Office (218) 564-4406 www.kenelaw.com Senior Attorney Charles R. Kennedy Qualified Neutral in MN & ND Associate Malcolm Wh5mott Paul F. Carlson Also Licensed in Illinois Matthew S. Van Bruggen Also Licensed in South Dakota April 25, 2012 Otter Tail County Land and Resource Management Government Services Center 540 West Fir Fergus Falls, MN 56537 IA\\^. .. CE RE:St. Ann's Catholic Church - Compton Catholic Cemetery Our File No: 1000555 Dear Sir or Madam: Enclosed is an Application for Variance, one original Certificate of Survey, and 6 copies of the survey. Also enclosed is our check in the amount of $500 for the application fee. If you have any questions or need anything further, please contact me. Sincerely, paul@kenelaw.com PFC/tmj Enclosures c: St. Ann's Catholic Church a/4 cko.'T *. ^ (^ vjW- >jk«re (5) pro a.ut(^({^ UA ^PH- J Neg<DCM Ul 5<0 U) Ka. (Jf>+f5.^o L-.6>nI I ( -w, ■. y^^p- f' »• - +* __ ^.r■0 A^y I (S)' Vbrb oo4 -f4V^vjsliOH}" (0 (^Y PM: Existhig Faneallne' \ I 1 t/l ^ u.#f‘'j lo M'li,, spavt^l {-''«*>' ' 7 , f j M '* 6"(n,ri’.“^J- In ^0 ^ ->aue^' o ^ ’J* V■5tf« 330.04qO ' Existing Phicsltne ,/ 7I. O\V1 I I &^1 sy%/o- ,p- Sq. Feet ,g^-v7 »?3 •i / 1089-17.' b ^ y 2.5Si Acres ±n o ®/ n \■V-/zting Fenccline •\11/i 2 i r/t^.J X..y// 76^ ' ^^e(/(J<^i'‘A w. II c(e«-H o |<ivcel^"^ J I ^f^all-er 'j4\a‘''' I i.b Ac»^3. jQotl ia*50’48" W 2841 JO \±4T OL TBIid Field' yf) Mavis Samuelson //' 000'!£- 00% -00/ Tina Jennings <tjennings@keneIaw.com> Wednesday, January 18, 2012 4:45 PM Mavis Samuelson Malcolm Whynott Compton Cemetery KonicaC3504352.pdf From: Sent: To: Cc: Subject: Attachments: Land and Resource Management Mavis, Attached is what Malcolm Whynott has been trying to fax you. Please contact him with any questions. Tina Jennings Legal Assistant KENNEDY, NERVIG, CARLSON & VAN BRUGGEN, LLP. 503 Jefferson Street South Wadena, MN 56482 Phone: 218-631-2505 Fax: 218-631-9078 CONFIDENTIALITY NOTICE: This email/facsimile, including any attachments, is intended only for the named recipient(s) above and is covered by the Electronic Communications Privacy Act 18 U.S.C. Section 2510-2521. Any unauthorized review, copy, use, disclosure, or distribution is prohibited. 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