HomeMy WebLinkAbout12000300197003_Variances_07-16-1997Variances
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' Office of County Recorder County of Otter Tail
I hereby certify that the within instrument was filed ter record in this office on the /U
. nTJo A.D. 19 Q'l at
andwasdulyMicrofilmed as Doc.qOI
^APPLICA?^FOR VARIANCE
V
Otter Tail County
Fergus Falls, Minnesota 56537
(218) 739-2271
Receiptday of No.
4 Application
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Middle
Owner:
Last Name
~pp rV^A nr\N\Nq? A
City Zip No.StateStreet & No.
G\>Little Pine Lake ClassLake NameLake No.
CorlissTwp.Range ^ ^Sec.___^Twp. Name
Mv/ijHo'f'^ JoUmsc/1 Aauh 3t/\ylj jv JoMx^
loKj \ao'
^ ^ ______
12000300
Q b5^Legal Description:ii
ire No. or Lake ID #
Ci
■ I
Parcel Number
TYPE OF VARIANCE REQUESTED (Please Check):
Si)^(;tAsy\^ ClusterStructure Setback Structure Size.Sewage System.
SPECIFY VARIANCE REQUESTED:
Clarence and Lorraine Johnson purchased the property described on the attached
Warranty Deed in 1958. The Deed was not recorded until 1990 and the property
has now been transferred to Lorraine Johnson. Joseph and Lynn Johnson desire
to purchase said tract and construct a dwelling thereon. Attached is a survey
of said property, together with an additional "back lot" to be purchased (Tract
6). A variance is requested to allow said tract to be subdivided and conveyed
to Joseph and Lynn Johnson as a subdivided lot upon which a dwelling and other
appurtenant structures can be constructed in accordance with the Shoreland
Management Ordinance. This tract has existed since 1958 and is situate between
occupied tracts and has sufficient frontage and square footage to permit the
construction of a dwelling and other appurtenant structures in accordance with
the ordinance.
Joseph and Lynn Johnson also intend to purchase the "back lot" shown on the
survey to be permanently attached to and made a part of said tract,
the description on said tract as set forth on the attached Warranty Deed
contains an error which will be corrected by an action to determine adverse claims using the desi^ibtion shown on the attached survey. . ( / i I ^
TO j-ke lo-t be coilSifey^O boidaik ^ )
In order to properly evaluate the situation, please provide as much supplementary 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.
Finally,
0^nalure Of Applicant
■Tnnp Q 19 97Application (jated
'7 u19 . Time:7 - /oDate of hearing: _____
MOTION AS FOLLOWS:
Motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to approve a variance to
allow an omitted .52 acre pre-ordinance metes and bounds parcel to be considered as a buildable lot under the
current shoreland management ordinance requirements and to approve, for permanent attachment, the purchase of
an additional .68 of an acre to the rear of the omitted parcel. It was noted that the applicant’s total tract, after the
purchase of the additional property, would consist of approximately 1.2 acres. The^ra^t has ^cess to ^ publip road
and meets the minimum water frontage and exceeds the minimum lot area for platj " ^
lake.
ent
Chairman
Otter Tail County Board of Adjustment
Permit(s) from Land & Resource Management required:..YES NO
1 )opy of Application to Applicant.(Dafe/lnitial)
BK 0696-001
283 383 • Victor Lundeen Co . Printers • Fergus Falls. Min,*iesota
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July 10 J 997—
jLorraine Johnson - Approved
Lorraine Johnson, C/0 Joseph Johnson, Perham, MN, requested a variance to allow an omitted
pre-ordinance metes and bounds tract, included on the tax rolls in 1997 for the payable year
\1998, to be considered a buildable lot under the current shoreland management ordinance
/requirements. The omitted parcel is a substandard metes and bounds parcel under the
County’s current requirements and is approximately .52 of an acre in size. If the variance is
approved the applicant is proposing the purchase of an additional .68 of an acre to the rear of
the omitted parcel for a total tract consisting of approximately 1.2 acres as depicted on the
registered surveyor’s drawing. The applicant will then convey the total 1.2 acres to Joseph and
Lynn Johnson for future development. The property is described as part of Government Lot 3,
Section 30 of Corliss Township by Little Pine Lake. The audience was polled with Loren
Mosman speaking in favor of the applicant’s request. After consideration, motion was made by
Craig Anderson, seconded by Cecil Femling and unanimously carried, to approve a variance to
allow an omitted .52 acre pre-ordinance metes and bounds parcel to be considered as a
buildable lot under the current shoreland management ordinance requirements and to approve,
for permanent attachment, the purchase of an additional .68 of an acre to the rear of the omitted
parcel. It was noted that the applicant’s total tract, after the purchase of the additional property,
would consist of approximately 1.2 acres. The tract has access to a public road and meets the
minimum water frontage and exceeds the minimum lot area for platted lots on a general
development lake.
Lisa A. and Keven L. Torgerson - Approved
Lisa A. and Keven L. Torgerson, Perham, MN, requested a variance of approximately 90’ from
the required ordinary high water level setback of 200’ for the future enclosure of a 12’ by 24’
patio located approximately 110’ from the ordinary high water level and in front of a shed
located approximately 122’ from the ordinary high water level. The property is described as Lot
2A, Block 1 and Lot 2B, Block 2, Larsen’s Minasha-Da Subdivision, Dead Lake in Dead Lake
Township. The audience was polled with no one speaking for or against the request. After
consideration, motion was made by Craig Anderson, seconded by John Everts and unanimously
carried, to approve construction up to the string line as established when the string line is
applied between the ordinary high water level setbacks, as previously established by variance,
on Lot 1A and Lot 3A. The Land and Resource Department must review the files for Lots 1A
and 3A to determined the proper ordinary high water level setback requirements and the Land
and Resource Department must set the string line for the applicants.
Lyndell C. Dodson - Approved
Lyndell C. Dodson, Breckenridge, MN, requested a variance of approximately 40’ from the
required ordinary high water level setback of 200’ for the placement of a 14’ by 70’ mobile home
approximately 160’ from the ordinary high water level. The property is described as Lot 16,
Block 1, River Hills, West Red River Lake in Friberg Township. The audience was polled with
no one speaking for or against the request. After consideration, motion was made by Randall
Mann, seconded by George Walter and unanimously carried, to approve a variance of
approximately 40’ from the required ordinary high water level setback of 200’ for the placement
of a 14’ by 70’ mobile home approximately 160’ from the ordinary high water level. Hardship is
the terrain features of the applicant’s lot. It was noted that placing the mobile home in this
location would minimize the amount of fill required, is the best location and is approximately the
same distance from the ordinary high water level as the structure to the east.
1
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
July 10, 1997
The Otter Tail County Board of Adjustment met Thursday, July 10, 1997, with the following
persons in attendance:
Craig Anderson
John Everts
Cecil Femling
Randall Mann
Robert Schwartz
George Walter
Wayne Roisum, Land and Resource Management
Kurt Mortenson, County Attorney
Call to Order - The meeting was called to order at 7:00 p.m. by Chairman George Walter.
Minutes Approved -
Hearing no corrections or additions the minutes of the July 3, 1997 meeting were approved as
mailed.
The following variance requests were heard;
Edmund G. Kelley, II - Tabled
Edmund G. Kelley, II, Dubuque, lA, requested a variance to subdivide, by metes and bounds
description, a three acre parcel from an existing 13 acre tract. The parcel would meet the
minimum lot area and lot width requirements for platted lots on a recreational development lake.
The remaining 10 acres would be subdivided into two 5-acre tracts. The property is described
as part of Government Lots 2 and 4, Section 4 of Nidaros Township by Stuart Lake. The
applicant had requested prior to the public hearing that his variance application be tabled fora
period of “six months pending a road use easement issued or possible litigation action”. 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 unanimously carried, to
table the applicant’s request for a period of six months to allow the applicant an opportunity to
resolve the issues surrounding the ingress and egress to the applicant’s property. It was noted
that public notice would need to be provided before this application can be heard at future
meeting.
Larry D. Johansen - Approved
Larry D. Johansen, Underwood, MN, requested a variance of approximately 7’ from the required
holding tank setback of 10’ for the location of a woodshed approximately 3’ from the holding
tank. The property is described as Lot 1, First Addition to Birch Haven, South Turtle Lake in
Sverdrup Township. Christine Peterson 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 Cecil Femling and unanimously carried, to
approve a variance of approximately 7’ from the required holding tank setback of 10’ for the
present location of a woodshed approximately 3’ from the holding tank with the condition that
when it becomes necessary to repair the woodshed the woodshed must be either removed from
the applicant’s property or placed in a location that meets all setback requirements. It was
noted that adequate area does exist for maintenance of the holding tank.
* -ROY A. SMITH & ASSOCIATES, INC.
LAND SURVEYING AND CONSULTING ENGINEERING
County Surveyor For Becker County
Lincoln Professional Center
910 Lincoln Ave.
DETROIT LAKES, MINNESOTA 56501
21B-847-4289
Joe and Lynn Johnson -- Little Pine Lake orooerty
Land description:
That part of Government Lot 3 in Section 30, Township
137 North, Range 38 West of the Fifth Princioal Me>"idian in
Otter Tail County, Minnesota, described as follows:
Commencing at an iron monument which designates the
most northerly corner of Lot 9 of JOHNSON BEACH, said plat
is on file and of record in the office of the Recorder of
said County from which the northwesteriy line of said Lot 9
bears South 52 degrees 33 minutes 00 seconds West on an
assumed bearing; thence North 45 degrees 28 minutes 36
seconds West 1018.5? feet to an iron monument: thence Nc"th
59 degrees 50 minutes 58 seconds West 160.00 feet to an iron
monument; thence No-^th 60 degrees 07 minutes 12 seconds West 80.00 feet to an i»"on monument; thence Nc'th 70 degrees 23
minutes 50 seconds West 80.00 feet to an iron monument, said
point is the point of beginning; thence No^tr 25 degrees 34
minutes 05 seconds East 215.08 feet to an iron monument;
thence North 59 degrees 50 minutes 58 seconds West 121.75
feet to an iron monument; thence South 24 degrees 38 minutes
41 seconds West 235.97 feet to an iron monument; thence
continuing South 24 degrees 38 minutes 41 seconds West
200.01 feet to an iron monument; thence continuing South 24
degrees 38 minutes 41 seconds West 28 feet, more or less, to
the water's edge of Little Pine Lake; thence southeasterly
along the water's edge of said Little Pine Lake to the
intersection with a line which bears South 29 degrees 52
minutes 28 seconds West f*"om the ooint of beginning; thence
No»"th 29 degrees 52 minutes 28 seconds East 31 feet, more or
less, to an iron monument; thence continuing North 29
degnees 52 minutes 28 seconds East 200.00 feet to the point
of beginning. The above described tract contains 1.2 acres,
more or less.
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SUBJECT TO an easement for road pu'^poses over, under
and across that part of the above tract described as
fol1ows:
Beginning at an iron monument at the afore mentioned
point of beginning; thence North 25 degrees 34 minutes 05 seconds East 9.01 feet; thence No^th 4<i deai^ees 14 minutes
57 seconds West 47.35 feet; thence North 28 degrees 33
minutes 45 seconds V/est 32.72 feet; thence North 71 degrees
03 minutes 29 seconds West 35.34 feet; thence No'*th 89
degrees 58 minutes 17 seconds West 13.56 feet; thence South
J
ROY A. SMITH & ASSOCIATES, INC.
LAND SURVEYING AND CONSULTING ENGINEERING
County Surveyor For Becker County
Lincoln Professional Center
910 Lincoln Ave.
DETROIT LAKES, MINNESOTA 56501
218-847-4289
24 degrees 38 minutes 41 seconds West 22.00 feet; thence
South 89 degrees 58 minutes 17 seconds East 19.39 feet;
thence South 71 degrees 03 minutes 29 seconds East 24.23
feet; thence South 28 degrees 33 minutes 45 seconds East 27.70 feet; thence South 44 degrees 14 minutes 57 seconds
East 56.50 feet; thence North 29 degrees 52 minutes 28
seconds East 12.00 feet to the point of beginning of said
road easement.
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I| ___Form No. I3>M.704371'
I\tioUj 9U ftlcu bp tfjcsc presents’,That th, amnu-
...........J.«.M,T>9...J.O!);o!!fir..,...ftn...ux.cv‘rr!»d W'n,..............................
^o-vnahlp. ..
Otl«r Tail .
Corllas.residing in the
County of
of tho sum. of
lo hi;..
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and Stalo af.. Ulr.i-.aso 'i u........, 'vtind in con iiitmlion
• ■ t DtfLUUS,
in hand paid, doO* htreby Convty and TVarrant lo
Otter tali
. Ciara.ice .tohnoor.
«inne«o,uI ;*■ 0/County, Stat* of
I . as QrunUt , tho Heal EstaU, sUuaU In Iht County of
I ' dtserihed os foUous, to-ivit;
I ; A trait or inr-i .'ilt’jatel Ir iactlc:: thirty (301, Tn.-h-.rhlp i,r.o hunJrPi thlrt.-'-aevsn
I (13V), fianee thirty-eight (38) which !• mere particularly deecrlbedUs followa, to-wltj'
Boglnnlhi; at a point on the shore line of Little Tine Lake v;hlch Is i-125 foet along said
shore line northwesterly from that rolnt at which said shore lino Is Intersected by s
line runnl.'ig parallol with and lOO feet ncrth.»est of the northwestern boundary of Lot
’nine (0) n:‘.Iohr]son beach according to'the plat thereof rtcorJed ln”tho'eff lee of'thre"
Register of Deeds of said bounty, thence northeasterly 200 feet to a’point which Is
1205 feet along a line running northeast of, anf. 200 foet distant from the shore line
of Little I'lno Lake, northwest Of said line which runs parallol with and IfC feet norlbwe
of the nnrth.veotorn boundary of said Lot nine (9) of Johnson Beacli, thence northwesterly
BO feet along said lino running northeast of, and 200 feet distant from the shore lino
of Little I'lne Lake, thence southwesterly to tnat point on said shore line which le
/to feet alor,g said shore line northwesterly from the point of beginning,,tJior.ee
southeasterly alom; said shore line to the point of beginning; and appurtenant thereto
the right and easement to travel In ooitimon with all others having like right over and
upon a strip of land running In a northwesterly and ooutheastorly dlrootlon across
Oovemmont Lots four (4) anu five (6) of Jectlon thirty (30), Township one hundred
thirty-seven (137), Range thlrty-elg^il (36! which strip Is bounded by two lines running
respectively 200 feet and 220 feet distant from and northeast of tha shore line of Little
Pine Lake.
................................... ............t, State of Minnesota,
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In Vnu'nct of
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Otter '’allCounty of
30th ..........June , J3 5S before me,
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. j9..to;r.e Joh-i.spn,.,..ap„u?marrlc.d...W«),..
day of.
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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:
Lorraine Johnson
C/0 Joseph and Lynn Johnson
RR 1 Box 92A
Perham, MN 566573
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
July 10,1997, at 7:00 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 Lot 3,
Fire# 96
Section 30, Township 137, Range 38 - Township Name - Corliss
Lake No. 56-142, Lake Name - Little Pine, Class - GD
The variance requested is:
a variance to allow an omitted pre-ordinance metes and bounds tract, included on the tax rolls in 1997
for the payable year 1998, to be considered a buildable lot under the current shoreland management
ordinance requirements. The omitted parcel is a substandard metes and bounds parcel under the
County’s current requirements and is approximately .52 of an acre in size. If the variance is approved
the applicant is proposing the purchase of an additional .68 of an acre to the rear of the omitted parcel
for a total tract consisting of approximately 1.2 acres as depicted on the registered surveyor’s drawing.
The applicant will then convey the total 1.2 acres to Joseph and Lynn Johnson for future development.
Board of Adjustment Secretary
Date: June 13,1997
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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 16th, day of June 1997 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Lorraine Johnson, % Joseph Michael Johnson, Rt 1 Box 92A, Perham, MN 56573
Marvin Ziedler, Twp Clerk of Corliss, Rt 1 Box 88, Perham, MN 56573
Art Maleitske, Little Pine Lake Assoc., Rt 1 Box 414, Perham, MN 5657
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 Falls, MN 56537 DNR Regional Administrator, 2115
Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Otter Tail County Public Heath Department, Courthouse, Fergus Falls, MN 56537
Board of Adjustment:
Craig Anderson, RR, Ottertail, MN 56571
John Everts, RR 2, Battle Lake, MN 56515
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Robert Schwartz, RR 1 Box 4, Wadena, MN 56482
George Walter, RR 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 Fails, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: June 16th, 1997
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
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