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HomeMy WebLinkAbout12000990417000_Variances_07-01-1993Variances 2 Barcode 128 July slat, 1 Q93 Page 7 George M. Mejia - Denied George M. Mejia, Minneapolis, MN, requested a variance of 7' from the required side lot line setback of 1 O' for the construction of a garage 3' from the side lot line. The property is described as Lot 16, Lewis Ward Martin's Perfect Beach, Big Pine Lake in Corliss Township, The audience was polled with no one speaking for or against the request, After consideration, motion was made by Dan Oehler, seconded by John Everts and unanimously carried, to deny this variance request as no adequate hardship had been shown and reasonable alternatives exist considering the length of the lot. Allen L. Koep - Approved Allen L, Keep, Minneapolis, MN, requested a variance of 65' from the required ordinary high water level setback of 100' and a variance of 15' from the required shore impact zone setback of 50' for the construction of a dwelling 35' from the ordinary high water level. The property is described as part of Government Lot 1, Section 23 of Girard Township on East Battle Lake, The audience was polled with no one speaking for or against the request, After consideration, motion was made by Bert Olson, seconded by Dan Oehler and carried with John Everts abstaining, to approve a variance of 65' from the required ordinary high water level setback of 100' and a variance of 15' from the required shore impact zone setback of 50' for the construction of a dwelling 35' from the ordinary high water level, The applicant will meet the string line test. Hardship being a substandard lot of record. Rushwood Beach Resort/Kenneth H. Olson - Approved Rushwood Beach Resort, Kenneth H. Olson, Shoreview, MN, requested a variance to remodel and expand Cabin ■^5 to a 30' by 26' three bedroom cabin and a variance to add a 30" by 20' addition to C-abin ^2 and to remodel the existing Cabin ^2. Applicant requires a variance from the 50' side lot line setback for cluster developments. The property is described as Parcel B of Sublot 3 of Government Lots 3 and 4, Section 23 of Rush Lake Township on Rush Lake. The audience was polled with no one speaking for or against the request, .After consideration, motion was made by Cecil Femling, seconded by John Everts and unanimously carried, to approve the variance as requested. The granting of the variance request is an improvement as there will be one less building. Jeffrey D. Christensen - Approved Jeffrey D. Christensen, Battle Lake, MN, requested a variance of 14' from the required 30' top of bluff setback for the construction of a 28' by 40' attached garage 16' from the top of the bluff. The property is described as Lot 1, Jeff Christensen Addition, Otter Tail Lake in Otter Tail Township. The audience was polled with no one speaking for or against the request. A letter from Stephen Nagle in favor of granting this request was read for the record. After consideration, motion was made by George Walter, seconded by John Everts and unanimously carried, to approve the construction of a 28’ by 40' attached garage no closer to the lake than the existing dwelling. rene Gunderson - Approved Irene Gunderson, C/0 Merle Sherman. Detroit Lakes, MN, requested a variance to split a parcel of less than 2.5 acres as per drawing on file in the County Auditor's office. The applicant will be creating three parcels. Parcel will be a metes and bounds parcel of less than 2.5 acres. Parcel -*^2 will consist of Lots 7,8,9, 10, 1 1, and 12 of Smith and Dorrance Addition to Pleasure Beach and Parcel -^3 will consist of Lots 8, 9. and 10 of Pleasure Beach and a metes and bounds tract of less than 2.5 acres. The property is described as part of Government Lot 6, Section 31 and Lots 7 through 12, Smith and Dorrance Addition to Pleasure Beach and Lots 8 through 10, Pleasure Beach, Little Pine Lake in Corliss Township. Jonathan Harpson and Bill Cape represented the applicant at the hearing. The audience was polled with Raymond Meier s^king to the variance request. f » ■ July 1st, 1993 Page. 8 After consideration, motiorji was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to approve the variance as (I'equested with ithe follov/ing conditions; 1.) a registered surveyor's drawing vJll be provided, 2.) a dedicated public road mustjbe provided for parcel ^2, and 3.) a letter stating that there are no , r property line disputes will be provide at the time of recording. With no further business, Chairhian Walter declared the meeting adjourned at 10:55 p.m. -f UJ.O^/rhLK Wayne Stew, Secretary I' 'r •i' i 'X I ! - ■ r ' I • I I N t /Vorfhwesfer/y Right- of way line of C.S.A.H. No. 8. r r\ f' I f> //-\ u'in I I(Vif)onr.: \u^r- Ly'~- I . I 1 /-V I \l \y l_ >nOoo Proposed Boundary Line O o 4 M Pine Tree Row ^ ^ ^ -3f<- 15 \ ■trzO /oa\o*Ti ! »n /a(S 1 --N89°58'5/ "E 452.02' -fM fir I I f-y 3:o I Northeasterly2I-05 O Corner of Let 5\I I a t.'o Oj5o'0. ':OIr->fn Fenced in2<0 ro as Garden AreaooI(TiOOIC\Jt'4 /oo I Northwesterly 1 z 2 Easterly line of SMITHI6Corner of I /1 ^-^AND DORRANCE ADDITIONt V I•1ILot 12 ./;TO PLEASURE BEACHIIi///50.04*N 88°36'49"E/ V 2.85 Acres164.44' -----------------------------—QS 88°37'3l"w \Northwesterly Corner of Lot 7uB.Bi4B.ai 30.00’ o 0.33rvj’9 I C 0.53 Acre1^. Acre1r_-c;o C=>\( i_ i_oi&p r.- (-'C I- /-V«../1 I:p>/ CD if'l C4 0I f —East line of ^ Gov’t Lot 6 (not located on this : o« 1 tM'_I Io\ ^ ^i5A92* -Se8°36'40'w0^1'"--' . ^ .,20 47 v\O I'V ------(? C.S.A.H. No. 8 r- ^Ppraoge^^eCoa'f- 4^“^ bg~~W:^4-Q:Mr^ ' ' .4“aA" - -I q-W>-^ - 4 SURVEYOR; ‘ Roy A, Smith and Assoc.*Lincoln Professionol Center•« Detroit Lakes, Minnesota : .j:. ■" • •:■ - Office of County Recorder County of Otter Tail I her^ csrtily that the within instrument was filed tor record in this office on the , j ^ •*A.0.18___________atZ^30 CidM.. and was duly Mcrotlimed as Doc. f OTilER CIVIL T?I .-ni.STRICT Cr^URT sWlflTH JUDIfllAL ni.STRICT COURT FILE NO. CO-93-1681 STATE OF MINNR.SOTA COUNTY OP OTTER TAIX In the Matter of the Application nf Jonathan Harrleon and William Case to vacate a portion of the Flats known as Pleasure Beach and The Smith And Dorrance Addition To T’leasure Beach according to the certified Flat.s on file and of record in the office nf the. County Recorder of Otter Tail County, Minne.sota, the same being located in Government Lot 6 Section 31, Township 137 North', Range 38 West of tiie Fifth T'rinciple Meridian in OtterTail County, Minneso ta. FINUIMGG OF FACT, ' CONCLUSIONS OF LAW ' AND ORDER FOR JUDGMENTf The above entitled matter came on to be heard before the Court in Chambers in the Courthouse in the City of Fergus Falls County of Otter Tail, State of Minnesota, on the 30th day of December, 1993 at 1:30 p.m., before the Unnorable Thomas M. Stringer, one 0f the judges of said Court, upon application for vacation on file herein. Jonathan Harrison of Sebeka, Minnesota, appeared foT- the applicants. No one appeared in opfiosticn thereto, either in. I'orson, by counsel or by written objection. The Court, upon al.l of tiie files and paper's' in ttie matter, and upon tiie proofs and allegations made before it, and upon due consideration tdiereof, and beinr duly advised in the pT'cmises, TRANSFER ■; /- 1-entared this. 109^ County AucStor :Sy r :soTY i -■ makeo the follo.wing Findinga of Fact, Ooncluglons: of T.aw and Order for Judgment: FINDINGS OF FACT I. Jonathan Harrigon and, V/illiam Cane are the fee. owners of certain land -in Otter Tail County , Minnesota described as follows: Lots 8, 9, and 10, PI,ensure Beach: I.ots 7 through ,12, The Smith and Dorrance Addition To Pleasure Peach; a tract of land situated in Government Lot 6, of Section Township 137 North, Range 38 West ofthe Fif th Principle. Meridian in fitter Tail County Minnesota, described as follows: Beginning,at an iron monument which designates the southwesterly comer of Lot 9 of Smith And Dorrance Addition To Pleasure Peach, said plat is on file and of record in the office,of the Recorder of said nbunty: thence North 88 degrees 44 minutes 09 seconds East 61.57 feet bn ah assumed bearing along the southerly line of said Lot 9 to an iron monument; thence South 01 degree I5 minutes 51 seconds East 103.41, feet to an iron monument; thence South 45 degrees 36 minutes 00 seconds East 161.14 feet to a found iron monument on the northwesterly,■ right of way line, of Cqunty^ State-■ ' Aid Highway No. 8; thence North 80, degrees 20 minutes.' 30 seconds •■West M88.69 "feet to a found iron- monumen t on the easterly line of an Alley according to the plat of Pleasure Beach, said plat is-on file and of. record in the office of the Recorder of said County; thence North 00 degrees 55 minutes 21 seconds West 183'.37 feet along the easterly line of said Alley to an iron monument oh the southerly line of said Smith And Dorrance Addition To Pleasure Beach; thence North 88 degrees 44 minutes 09 seconds East lU.OO feet* along the, southerly line of said Smith And Dorrance Addition To Pleasure Beach to the point of beginning. The above' described tract contains 0.43 of an acre. IT . All real estate taxes against such land, includlup: the real estate taxes due -and payable in the year I0Q3 Lave been paid In ful.l as of the date of this Application. -2- _'i ^ , TTT. The portion of the'Alley and Street bo which thie Application pertains is useless for tfie purpose for which it was laid out and ought to be vacated for the reason that such street is not now used or maintained; that it has never, to the applicancts* knowledge, been opened, used or maintained for the public; that the southerly portion of the alley shown on the plat of Pleasure Reach abutting Lots 2 through 7 has previously been vacated -thereby removing the connection between State Aid Road Mo. 8 and the portion of the alley to which this Application pertains, thus eliminating access to the alley to all except those owning or having permission to use adjacent .lands; that all of the lots which abutt that portion of the alley and street to which this Application pertains are owned by the applicants and said portion of alley and street is not needed as access to these lots; and that all other lots in the plats of Pleasure Reach and the Smith And -Dorrance Addition To Pleasure Beach have and use, and always have used, a different access to their property. TV, It is the desire and petition of the applicants to have the Alley shown on the plat of pleasure Beach abutting lots 8, 9, and 10 and to have the ])ortion of nenter-Street on.the plat of the Smith And Uorrance Addition To Pleasure Beach abutting lots 10, 11, and 12 and to have the Aliev‘v-.p shown on the plat of the Smith And OoT-r-ance Addition To Pleasure Beach Between lots 10 and 11 all vacated.The . -3- vacation of these roadways will not involve any later;al ditches that are essential for surface drainage of adjacent land or for the drainage of public highways in the area. V. There are no damages incurred by any person owning or occupying land that would be affected by the vacation herein. CONCLUSIONS OF LAW That that portion of the alley located in the Plats of Pleasure Beach and the Smith And Dorrance Addition To Pleasure Beach as described above be vacated and that tiie title of said street and alleys be decreed to be in the name of Jonathan Harrison and William Case. The above Findings of Fact and Conclusions of Taw shall constitute the Judgment and Uecree in this action. Dated at Fergus Falls, Minnesota this /S day of January, 1994. SWtE OF KiNMESOP CCiiN'P;' OF CPF'‘ -'ll CerSlied lo bs a liije ccrrect ol 'iij on file and of record in lliii o::::;. BY THF COUHT: Batad- March 14, 1994 VSGOttAAJSnOlOniitAclfRioistf^r_______-- . StringerThe Honorable Thomas Judge of District Court Otter Tail County, Minnesota Filed and Judgment entered as above provided thisiSth day of January, 1994. ~ VIRGINIA A. RUSTAD Court Administrator Otter Tail County, MinnesotaFillI 4JAN 1 8 1994 ^ n'/-- Dei-ruty-4-VIRGINIA A. RliSTAD COURT AD\«Nl3TRAT0a OHER TAIL COUSm. MINN.