HomeMy WebLinkAbout16000230133000_Variances_07-12-20181- I2-20IS
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Date Stamp
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CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
07/24/2018 11:56 AM
FEE: 46.00
PAGES 7
WELL CERTIFICATE REC'D; N
CO
L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tail.mn.us
Application Fee ^OO- OO
Receipt Number
Date \l^fi^]7fAccepted by /f/Hy
Property Owner
Name Condon Trust Attn: Kelly Condon
Address 327 7th Street
City Thompson
State ND
Zip 58278
Daytime
Phone
701.741.3263
Email kacondon56@gmail.com
Parcel Information
Lake Class ROLake NameLake No 56-386 West McDonald
Parcel Number(s)16000230133000
Parcel Number(s)
SectionTownship Name Dora Township 23
Legal Description Pt. of Gov't Lot 3, Section 23. T.136N., R.41 W.
Physical Address 32866 Mac Circle
TYPE OF VARIANCE REQUESTED (Please Check)
TAstructure
Setback SubdivisionStructure Size Sewage System
MiscellaneousClusterWECS
1
SPECIFY HOW YOUR PROJa VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
_______________________ Proposing to subdivide ^.7 acre parcel into four 1.3 acre parcels and one 1.5 acre parcel as shown on
the submitted Variance Sketch. The proposed metes and bounds subdivision exceeds the Shoreland
Subdivision Ordinance requirement which is 40,000 s.f. (0.92 acres). The closest of the proposed parcels
to said lake are 475 feet directly west.
pn)poSi*^j| h hcL\/-€ LoH Sivwl^ -ravw\^
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER
TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
ATTER.MANAGEMENT REQ^DING THISJVI45322,^ SIGNA^ffi OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Trme of Hearing)
Date of Hearing Time
Motion
Condon Trust - Denied. (7:12 p.m.)
After discussion and consideration, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and
unanimously carried to deny the variance as requested as no adequate hardship/practical difficulty unique to the
property had been shown that would allow for the granting of the variance as requested and noting that the proposed
subdivision can be accomplished through the platting process.
zChairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
n\n\\^Copy of Application mailed to Applicant, County Assessor and MN DNR
L&R Official/Date
2
873946 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify thatthis instrumant# ^ «"0JTO
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed (
Certificate of Real Estate Value No.
'^or^Q
Wayne Stein, County Auditor
) not required.
was filed/recorded in this office for record on the V day of
-------2000 at iH££l@rpm
Wendy L MetcalLCoun^ Readrder
’ (Year)
ch by;by
well certificateDeputy
0\Vi?.
Jlspace above for recording data).
QUIT CLAIM DEED - Individual(s) to Individual(s)
STATE DEED TAX DUE HEREON:Date: October 11, 2000
FOR VALUABLE CONSIDERATION, John P. Condon and Betty M. Condon, husband and
wife, Grantor(s), hereby convey(s) and quitclaim(s) to John P. Condon, Trustee of the Condon
Family Trust dated April 26,2000, Grantee(s), real property in Otter Tail County, Minnesota,
described as follows:
See attached Exhibit A for legal description of all property owned by Grantors in Dora
Township.
together with all hereditaments and appurtenances belonging thereto.
The total consideration for this transfer of property is $500 or less.
/John P. Condon BetfyM.»ndon
COUNTY OP OTTER TAIL
STATE OF UINNE80TA DEEDTAXSX^* — NUMBEFtiLlZIi^S'
nATB 1
STATE OF MINNESOTA )
)ss.
COUNTY OF OTTER TAIL )
The foregoing instrument Was acknowledged before me this 11th day of October, 2000
by John P. Condon and Betty M. Condon, husband and wife, Grantor(s).
Notarial Stamp or Seal (or other Title or Rank)
SCOTTW.DIRKS
NOTARY PUBOC - MINNESOTA I
I My Comm. Expi Jan. 31,2006 I Signature o1 Person Taking Acknowledgment
V*
Tax statements for the real property described in this
instrument should be sent to:
r-NO CHANGEThis instrument was drafted by:
DIRKS LAW OFFICES, P.A.
P.O. Box 338
Pelican Rapids, MN 56572
1
EXHIBITA
The Southeast 1/4 of Southeast 1/4, excepting the south 2 rods thereof; the
Southwest 1/4 of Southeast 1/4, and Government Lot 3, in Section 23, Township
136, Range 41. Also Government Lot 3, in Section 24, Township 136, Range 41,
including the entire plat of Condon Shores according to the plat thereof on file and
of record with the Otter Tail County Recorder, excepting the south 70 rods of said
Government Lot 3.lV.£«ooc!O
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Lot 16 of Meyer’s Second Addition according to the plat thereof on file and of
record with the Otter Tail County Recorder. No other lots in Meyer’s Second
Addition are included in this conveyance.- CQ)- O
Except that part of Government Lot 3, Section 23, Township 136, Range 41, Otter
- Tail County, Minnesota, described as follows: Commencing at the northwest
comer of Lot 1 of the Subdivision Plat of Meyer’s Second Addition as of public
record in the office of the Re^ster of Deeds in and for said Otter Tail County;
thence South 86 degrees 14 minutes 04 seconds West on the northerly line of said
Meyer’s Second Addition arid its prolongation westerly for a distance of 180 feet;
thence North 35 degrees 52 minutes West 655.13 feet to point of beginning of tract
to be described; thence North 01 degrees 49 minutes 20 seconds West 550 feet;
thence South 88 degrees 50 minutes 30 seconds West for a distance of 820 feet more
or less to the westerly line of said Government Lot 3; thence southerly on said
westerly line for a distance of 550 feet more or less to the intersection with a line
projected at a bearing of South 88 degrees 50 minutes 30 seconds West from point
of beginning; thence North 88 degrees 50 minutes 30 seconds East 820 feet more or
less to point of beginning, containing 10.4 acres more or less, subject to the rights
of the public in County State Aid Highway No. 85.
Except that part of the Southeast 1/4 of the Southeast 1/4 of Section 23, Township
136, Range 41, described as follows: Commencing at the northwest corner of Lot 1
of the Subdivision Plat of Meyer’s Second Addition as of public record in the office
of the Register of Deeds in and for Otter Tail County; thence South 86 degrees 14
minutes 04 seconds. West on the northerly line of said Meyer’s Second Addition for
a distance of 100 feet to point of beginning of tract to be described; thence South 86
degrees i4 minutes 04 seconds West 446;99 feet; thence South 01 degree 49 minutes
20 seconds East 1138.95 feet to the northerly line of a dedicated road as dedicated in
said Subdivision Plat; thence North 88 degrees 18 minutes 20 seconds East on the
northerly line of said dedicated road for a distance of 529.09 feet to the intersection
with the northerly and southerly dedicated road of said Subdivision Plat; thence
North 01 degree 45 minutes West and on the westerly line of said dedicated road
for a distance of 618.10 feet; thence North 11 degrees 42 minutes 25 seconds West
arid continuing on the westerly line of said dedicated road for a distance of 444.02
feet; thence North 05 degrees 47 minutes 03 seconds West and continuing on the
westerly line of said dedicated road for a distance of 100 feet to point of beginning,
containing 13.4 acres more or less.
?.4.
Vi
Tax statements for the real property described in this
instrument should be sent to:
NO CHANGEThis instrument was drafted by;
DIRKS LAW OFFICES, P.A.
P.O. Box 338
Pelican Rapids, MN 56572
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4
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The Southeast 1/4 of Southeast 1/4, excepting the south 2 rods thereof; the
Southwest 1/4 of Southeast 1/4, and Government Lot 3, in Section 23, Township
136, Range 41. Also Government Lot 3, in Section 24, Township 136, Range 41,
including the entire plat of Condon Shores according to the plat thereof on file and
of record with the Otter Tail County Recorder, excepting the south 70 rods of said
Government Lot 3.
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Lot 16 of Meyer’s Second Addition according to the plat thereof on file and of
record with the Otter Tail County Recorder. No other lots in Meyer’s Second
Addition are included in this conveyance.
Except that part of Government Lot 3, Section 23, Township 136, Range 41, Otter
Tail County, Minnesota, described as follows: Commencing at the northwest
comer of Lot 1 of the Subdivision Plat of Meyer’s Second Addition as of public
record in the office of the Register of Deeds in and for said Otter Tail County;
thence South 86 degrees 14 minutes 04 seconds West on the northerly line of said
Meyer’s Second Addition and its prolongation westerly for a distance of 180 feet;
thence North 35 degrees 52 minutes West.655.13 feet to point of beginning of tract
to be described; thence North 01 degrees 49 minutes 20 seconds West 550 feet;
thence South 88 degrees 50 minutes 30 seconds West for a distance of 820 feet more
or less to the, westerly line of said (Government Lot 3; thence southerly on said
westerly line for a distance of 550 feet more or less to the intersection with a line
projected at a bearing of South 88 dej^ees 50 minutes 30 seconds West from point
of beginning; thence North 88 degrees 50 minutes 30 seconds East 820 feet more or
less to point of beginning, containing 10.4 acres more or less, subject to the rights
of the public in County State Aid Highway No. 85.
Except that part.of the Southeast 1/4 of the Southeast 1/4 of Section 23, Township
136, Range 41, described as follows: Commencing at the northwest corner of Lot 1
of the Subdivision Plat of Meyer’s Second Addition as of public record in the office
of the Register of Deeds in and for Otter Tail County; thence South 86 degrees 14
minutes 04 seconds West on the northerly line of said Meyer’s Second Adlidition for
a distance of 100 feet to point of beginning of tract to be described; thence South 86
degrees 14 minutes 04 seconds West 446.99 feet; thence South 01 degree 49 minutes
20 seconds East 1138.95 feet to the northerly line of a dedicated road as dedicated in
said Subdivision Plat; thence North 88 degrees 18 minutes 20 seconds East on the
northerly line of said dedicated road for a distance of 529.09 feet to the intersection
with the northerly and southerly dedicated road of said Subdivision Plat; thence
North 01 degree 45 minutes West and on the westerly line of said dedicated road
for a distance of 618.10 feet; thence North 11 degrees 42 minutes 25 seconds West
and continuing on the westerly line of said dedicated road for a distance of 444.02
feet; thence North 05 degrees 47 minutes 03 seconds West and continuing on the
westerly line of said dedicated road for a distance of 100 feet to point of beginning,
containing 13.4 acres more or less.
Robert and Rachel Posch - Variance application approved as modified with a condition. (6:58 p.m.) - Continued
After discussion and consideration, Dan en Newville made a motion, seconded by Thomas Tee and unanimously cairied, to
approve a variance that would allow more than 260 square feet of impervious surface (approximately 2,440 square feet) within
the shore impact zone for the patio and pathway and a variance from the bluff impact zone for the completed carthmoving with
the condition that the existing 10’ by 10’ deck must either be removed or placed in a location that meets the setback requirements
of the Shoreland Management Ordinance, fhe Board’s approval is based upon the approval granted by the Planning Commission
and the efforts that will be undertaken to stabilized the toe of the bluff and to minimize erosion. The variance as approved does
not directly or indirectly grant any other variances for the existing project or for any future development.
James and .lohanna Christianson - Variance application approved as requested with condition. (7:10 p.m.)
James and Johanna Christianson, the westerly 105’ of Lot 1, Lot 2 and Lot 26 Stony Bar Estates, South Lake Lida in Lida
Township, requested the following: Lot 26 and westerly 105’of Lot I Block 1 of Stony Bar Estates are currently attached.
Request west 60’ of Parcel No. 37-000-99-1001-000 be split off and be pemianently attached to Lot 2, Block 1 of Stony Bar
Estates where primary home is located. Septic failed and need room on adjoining lot to place mount system. The applicants were
represented by Barb Grunewald. The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Steve Schierer made a motion, seconded by Brent Frazier and unanimously carried, to approve the
variance as described in the variance application dated June 18, 2018 and as depicted on the sketch presented with the application
with the condition that a registered surveyor’s drawing must be provided. It was noted that the failed system is a health issue and
there is no other space available for a new system. The variance as approved does not directly or indirectly grant any other
variances for current or future development.
Condon Trust - Denied. (7:12 p.m.)
Condon Trust, part of Govemment Lot 3, Section 23 of Dora Township, requested the following: Proposing to subdivide a
proposed 6.7-acre parcel into four 1.3-acre parcels and one 1.5-acre parcel as shown on the submitted variance sketch. The
proposed metes and bounds subdivision exceeds the Shoreland Subdivision Ordinance requirement which is 40,000 square feet
(.92 acres). The closet of the proposed parcels to said lake are 475 feet directly west. The cuirent parcel is 82.02 acres.
Proposing to have lots buildable for single family residential use. K.cvin Condon and Jack Rosenthal represented the applicants at
the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to deny the
variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the
granting of the variance as requested and noting that the proposed subdivision can be accomplished through the platting process.
John iVl and Susan J Anderson - Tabled. (7:20 p.m.)
John M and Susan J Anderson, Lot 83 of Nedberg-Nye Survey l.ots of Government Lots 1,2 and 3, Section 1 of Edna Township
by Devils Lake, requested the following; fhe size of the lot prohibits the stmeture from meeting certain size and setback
requirements. Requesting a 45' variance for the proposed structure to be 30’ fiom the ordinary high-water level, required setback
is 75’. Requesting a variance from the allowed 260 square feel impervious surface in the shore impact zone to be at 1,445 square
feet for the construction of new dwelling and patios as shown on drawing. Requesting to place holding tanks 3’ from lot line.
Requesting to have building imperious surface to be at 23.7% and total impei'vious surface at 31.26%. Requesting to have
building to be 10.5’ at closet point to the road right-of-way as shown on drawing. Appearing with the applicants was Thomas
Anderson. A letter from Echo Dockter, Edna Township clerk stating the township’s objection to the requested road right-of-way
variance was noted for the record, fhe audience was polled with Bill Norris expressing concern with the overall project and
specifically expressing concent on behalf of Edna Township with the setback from the road right-of-way. An email from Steve
Rausch requesting greater separation from the lot line was read for the record. After discussion and consideration, Thomas Lee
made a motion, seconded by Steve Schierer and unanimously carried, to table with the verbal pemiission of the applicants this
public hearing until the August 9, 2018 meeting of the Board of Adjustment to provide the applicants with an opportunity to
consider their proposed project and to the number of variances being requested.
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Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
Fergus Falls, WIN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTER Timea««tr-oifliiiDT«
Applicant and/or applicant’s representative must be presentat the scheduled hearing.
To Whom It May Concern:
Attn; Kelly Condon
Condon Trust
327 7'^Street
Thompson, ND 58278
has/have 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, July 12, 2018 at 6:30 p.m.
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public
entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals
requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing.
The property concerned in the application is legally described as
Part of Government Lot 3,
Property Address - 32866 Mac Circle - 56528
Section 23, Township 136, Range 41 - Township Name - Dora
Lake No. 56-386, Lake Name - West McDonald, Class - RD
The variance requested is the following:
• Proposing to subdivide a proposed 6.7-acre parcel into four 1.3-acre parcels and one 1.5-acre parcel as shown on the submitted variance sketch.
The proposed metes and bounds subdivision exceeds the Shoreland Subdivision Ordinance requirement which is 40,000 square feet (.92
acres). The closet of the proposed parcels to said lake are 475 feet directly west. The current parcel is 82.02 acres. Proposing to have lots
;' buildable for single family residential use.
■ June 21,2018 Wayne Stein
Board of Adjustment Secretary
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OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )-r-i
)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 22nd, day of June, 2018,the attached Nptice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Attn: Kelly Condon, Condon Trust, 327 7**’ Street, Thompson, ND 58278
West McDonald Lake Assoc., PO Box 70, Verges, MN 56587
Gregory Meyer, Twp Clerk of Dora, 33111 State Hwy 108, Dent, MN 56528
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:
Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Darren M Newville, 614 6‘^ St Ne, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln, Fergus Falls,MN 56537
Brent E Frazier, PO box 255, 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: June 22, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
(WciBy:
Vi Manderud
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:]
‘ 4
CAROL S & BRUCE E ALBRIGHT
PO BOX 451
BARNESVILLE, MN 56514-451
JAMES M ALBRIGHT
32231 MINNESOTA ST
DENT, MN 56528-9038
DENNIS L ANDERSON
42378 COUNTY HIGHWAY 85
DENT, MN 56528-9042
DANNYL J & ANDREA P BOE
1225 BURBANK CIR
GRAND FORKS, ND 58201-3712
JOHN P & ELIZABETH CONDON
33089 MEYER BEACH DR
DENT, MN 56528-9041
KEVIN CONDON
339 12 1/2 AVE E
WEST FARGO, ND 58078-3021
KEVIN & KRISTINE M CONDON
339 12 1/2 AVE E
WEST FARGO, ND 58078-3021
DOHMAN FAMILY TST
42066 HILL N VALLEY RD
DENT, MN 56528-9039
BARBARA J GERSTNER
705 6TH AVE SE
BARNESVILLE, MN 56514-3916
■ ‘i
STACY GOODWILL ET AL
3731 HIDDEN CIR
WEST FARGO, ND 58078-7929
DAVID & BETH HELGERSON
32996 MAC CIR
DENT, MN 56528-9076
ROBERT & SONJA HORNER
33013 MEYER BEACH DR
DENT, MN 56528-9501
J
PAUL K & PAULETTE D JOHNSON
6988 E LAKE CARLOS DR NE
CARLOS, MN 56319-81 12
JOHNSON VACATION HOLDINGS LLC
3308 43RD AVE S
FARGO, ND 58104-6639
EDWARD KUKLOCK
13252 FERRIS AVE
APPLE VALLEY, MN 55124-8132
7
EDWARD J KUKLOCK TST
13252 FERRIS AVE
APPLE VALLEY, MN 55124-8132
DONALD & ANN M MERTES
1217 I5TH STN
MOORHEAD, MN 56560-1728
ERIC D MEYER ETAL
40937 BEAVER DAM RD,
DENT, MN 56528-9109
ORVIK FARM ENTERPRISES LLLP
32553 430TH ST
DENT, MN 56528-9047
LEE E PAYNE
2494 I66TH AVE SE
ARGUSVILLE, ND 58005-9705
TERRY & CHEILA PAYNE
16627 25TH ST SE
ARGUSVILLE, ND 58005-9704 J-
•■5
DENISE K POTTER TST
29308 223 RD AVE
ALBANY, MN 56307-8742
BRUCE QUIRAM
27101 HIGHWAY 47 NW
ISANTI, MN 55040-5449
PHIL QUIRAM
42457 COUNTY HIGHWAY 85
DENT, MN 56528-9042
DANIEL & S GOODWILL RAYMOND
3731 HIDDEN CIR
WEST FARGO, ND 58078-7929
JAMES & DIANE RENNER
10210 140TH AVEN
FELTON, MN 56536-9306
BRUCE & K SISTAD RIDGWAY
619 lOTH ST NESTE 2
WEST FARGO, ND 58078-2232
r
ARLAND A & KARRIE SCHULTZ
PO BOX 92
VERGAS, MN 56587-92
SUSAN M SCHANUS
34117 260TH ST
UNDERWOOD, MN 56586-9339
TERRENCE R & DIANE M STECKLER
4013 OVERLAND RD
BISMARCK, ND 58503-8842
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Atm Kelly Condon
Condon Trust
327 7'" Street
Thompson, ND 58278
BRUCE WENTZ
PO BOX 74
NAPOLEON, ND 58561-74
DOROTHY M WOODS
41499 COUNTY HIGHWAY 85
DENT, MN 56528-9021
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