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HomeMy WebLinkAbout16000320180003_Variances_09-11-2007OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 1.Q2V64V 1027647 was fiied/recorded in this office for recor^i^he T day ot aOOTatlti Wendy Li Metcaif, County R pm •rder by: t iJr6'cordtng fe^ ^weil certific^e j? .(2- 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 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ~J Ki’l 1'lerV,. DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS LAKE NUMBER S’6>"S~l 7 LAKE CLASSLAKE NAME be.TOWNSHIP NAME CO—RANGESECTION TOWNSHIP ADDRESS iHOrxe.^ PARCEL NUMBER LEGAL DESCRIPTION , ^E^\\j ^ W Sc d S /\/^o ArrAci^^) (FTC c TYPE OF VARIANCE REQUESTED (Please Check) Misc. X~SubdivisionStructure Setback Structure Size Sewage System Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^ \T0-^ tCx.YTC.^_^\De_Ao V) e_ o^\e_ Ai3\;;ibsii\(A c>ir| Du:>a£r \s ojO: VW\ % ^G^ce\. C V V:)V- b>'A.VVY"\'?5, . wnre-CL LO'W mejsA tsAl re^xi-e.eO'erA'b \fl6^(4£srs that aot pFci.A(eEt> ''&ui(.t>A6(^£' I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCBSUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF^PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) V jxrj.Date Of Hearing Time Motion Ronald J. Schwanke - Approved the variance as requested. (3:45 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to declared the easterly 100’ of Government Lot 6 lying south and east of County Road 41 as a buildable lot for residential purposes. The Board noted that this approval is consistent with past actions of the Board regarding similar properties that had been declared unbuildable. Cfralrmah^tter Tail (^unty Boara of Adjus^ent Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls. Minnesota : ' ..:i 4 QUITCLAIM DEED----FORM NO. B . tHI MIUS COMPANT, SHEIiOAN..7.':=r.:^r.;r!L--rr.tr.=x-r=rL-rj V...; QUITCLAIM DEED •r! . .:;EMTL J. SCH^TAl'KE and ROSE SCH>]ANKE,■! KNOW ALL MEN BY THESE PRESENTS, That. __Jawaband..aiidJezifa !: i; ___state of___Sheridanof the County of.i!i!i! . • •____in consideration of the sum of Tm ($10.00^ Dollars---------- in hand paid by Box 268. Pelican Rapids. Ninn, the receipt whereof is hereby confessed and acknowledged, have__remised, released, and forever quitclaimed and by these presents do..,__for.__,rnsnaeL«ea_and.Jdieir: remise, release and forever quitclaim unto the said-i.JIa.rQl d-J^Mlller—ancL-Betty-A^MLHar, :i:TlOLLAES : !!;Harold T., Mito----- i:'.i i!ii!i;!!Iii!heirs, executors and administrators.liI I!il ii■II iii!1. ( I :!1;! heirs and assigns, forever, all such right, title, interest, property, possession, claim and demand, as*-------i;i'.. I•;f>:=jiil;tfii^_l-:i.__.^Lhaye oridu^^ to have, in dr to all the following.described premises, ;to-wit: ^L.,■r’. T'. *\Zi See Exhibit "A” attached hereto and made a part hereof ■Vi-; /i That part of the eastern 100 feet of said Lot 6 l3n.ng South of County Road No. 41; and beginning at a point at the southern most comer of said Lot 6, on the shore of West Silent Lake, running thence northwesterly along said shoreline 100 feet; thence northeasterly 165 feet to a point which is 180 feet due due north of the south line of said Lot 6, thence southeasterly 200 feet- to a point on the south line of a certain private roadway which is 155 feet due north of the south line of said Lot 6, thence southeasterly aloqg said south line of said private roadway 186 feet to the center line of County Road No. 41, thence southerly along said center line to the south line of said Lht 6, thence westerly along said south line of Lot 6 to the point of beginning; granting to the said parties of the second part, their heirs and assigns an easement in contnon with others, and as appurtenant to said tracts above described, to travel over and ij^ion said private roadway on foot and by vehicle. Said l^d being situate in the State of Minnesota, DpiaTwp, Range 41, Sec. 32, TWp. 136. I .! i Ii ; •? • ; ECHIBrr ’A" TO QUrrCTAIM DEED DATED JAMJARY^^ , 1979 FROM EMIL J. SCKWANKE and ROSE SCHWANKE TO HAROID L. dOOK^PAGESIHLLER AT© BETTY A. MILLER. •*" ■ --------- -V.,.---------------------. 4 % : .'i . i:800K-MS PAGEiffl Hereby releasing-and waiving all rights under and by virtue of the homestead exemption laws of the iState of Wyoming. i: 'TO HAVE AOT) TO HOLD the said premises unto the said JiacpldLJL ii■I Ml 11 F»r andii iiii ii ■ ■ Betty A. Miller ii|| heirs and assigns, to his and their own proper use and behoof forever. So that neither_JEltlil_J^ ij and Rds^. Schwanke ii-i ~ ' ii nor any other person name or behalf, or either of us or any other person in pur or either of our names or behalf shall or will hereafter claim or demand any right or title to the premises or any part there^ of, but they and every one of them shall by these presents.be excluded and forever barred. _____haV£.___ hereunto set__ day of ■ !l-iii' ■ H !! ■ ,■ ____hands—,.andIn Witness WherMf, ____wa... Ii mrr___ D.,!: I __(BEAL) (SEAL) -(SEAL-)::-,^! Signed, sealed and delivered in the presence of: ‘ ■ i ■' </ ■ r !. j,..— ■ ■ . • . -4 .1 .._____ * ifii; utl'AGKNOWLEDGMr ■■? '‘ y .'state cft-J .■:-^j^^:'_.DEPTrOP • 3-- iVlinnesota ::TAX;~ 1 ij- ii:•ii f ; • “S3: •_ Z ■— ’ — i -■ * ~ *t>hState of Woming County of The foregoing instrument was acknowledged before me hy FniiT J. Brhwankp 2 0-2:2 0~<Vi.: TiT";' ■ r“•S3.1'1'Sheridan I i ■'yr,i((k i !.li '■I i:1;Iii;;!!'■ ;»1; ij :i ..'-(ll/'Wtness my hand a PUG Lie ■day of.., 19_79_.i!. . :! i^dofficial seal. il ii■ ■ ■ ii Ii ti V' : « - •• 0 i;li ’.V fSy-ComTrnbaioi? Expires : ^ • . c •. r I" * * ^ -----------------------------------------------------rr:—- T_r.-r::.-i——.czirnr.--- /Title of Officer I; ii Acknowledged Jan. 31j 1979 by Rose Schwanke before Alana: M,Herrmann N;P.0tter Tail G©-.--' Minn .My com.expiresv June 29, 1965 (seal) Filed for record April l6j 1979 at 3:10 P.M.and recorded in 505 of Deeds page 679. I' "a 1i: (!■ 1;■II A. Tliat part of Government Lot 6, letion 32, Township 136, Range Al,. Otter Tail County, Minnesota, _ ' ■ described as follows; Coimnenclliat the Northeast corner of said ^edtion,,;32;' thence on an ^ssiroed, ' bearing of South 02° 30' 10" Eai’on the Easterly'line of said Seqtibn .52'fob'a distancecf ,2647-12 :j-.; -feet to the East i corner of salsection 32; thence South 54* '4g^',VWe3t : on, the Sdutherly: Tind,h. - ■ of' the. Northeast of said Sectin 3^ and on^ the: Southerly lirte “of; Sqiid';'0dyernment Lot 6 tor a , , : V distance of .638.84 feet to poini of begi^ing of area to be desarit^;' thence. Northeasterly on a^ ' curve concave to the Southeast,4ald curveH^aying a central angle bf^O^ radius of 869.07- '' feet and a chord bearing of NortOO*!. 0'2' 46K East for a.n; arc didtdhde.itbf ,123,18 feet, said curve.' a,lso being-the right of way of County State Aid ^Highway No. i4i,*;:'tHenoe, North 57° 34' 05" West 81.84 ■ feet; thence North 8 2° 04' 42" i^pat , 204,77 feet;.'thence South ,55*('Pl*'. IS"'West 157 feet morO, or less to tlie shoreline of V^st Silent ;i{ake;thenGe Southeasterly on said’ shdreline to the intersection with the Southerly line'.,pf Baid Govetoent Lot 6; . thence North 89° '48^ E^st on said Southerly line. .,; . ■ for a distance of 297'feet more br less to point of beginning,'. Dontaihing; 1.3 acres more or less. .,'1 1 ' I . I. • -p.That part of the Easterly lOO f7et of Government Lot 6, .Section 32^ Township .136, Range 41, Otter' Tail County, Minnesota,: lying Southeasterly of the right of.:way of County State Aid Highway No. 41 as existing and constructed, said right of way more particularly .described, as follows; B, assumed bearing of distance of 1860.67 Commencing at the-Northeast corner of said Section ,32; thence South 02° .30' 10" East on an - the Easterly line of safd Section 32 for a faet. to the intersection with the Southerly right of way line of said County .State Aid ig way No, 41; thence Southwesterly on a curve concave to the Northwest, . said curve ^ving a^central^angle of 13° 20' 49", radius of 1005.33 feet and a chord bearing of South 22 50 10"..West for a distance of 234.19 feet to a point a distance of 100.00 feet Westerly of the Easterly line of said Section 32 and there terminating. ..on ; Containing 1.5 acres more or less. i ;j ;■ ;ml|V|| :■m££AJT ■i , I- ■!- i>:o ■■■: I \0A .I ■ ■'w.a. ■{ ' ’■. . ::nli.r:■■:> :■ /.n i; I-;:D I ■ '.vt^I /0. (/ov'rr^ ‘^'A.\/ ^ ■',,. Jill ‘V. .*'i^O'V. V ■ '* V ‘ - // . • ': -'i • I • ■ -•■ • ■■' , •^ .,• r ^ vt'.' ■^Z’93.ZO'•'{ lf:ii-i! C. .Ni,]•.; ;;■ ^££A/</?Aiyyt/ :S£^. 32, 7W£ /3<^. A/ 3i»I . ' I r i '/)»•■< V ■■ u A/O ■.. . :-fl Vl ■"o 1'; CERTIFICATE OF SURVEY ROBERT B, OSLUN D & fiSSOCi^Ei, INC f/xsi' f.i:\ii- :.ir ' t ' 'At^r-Av /L£K)T .AK& M;■> -:.i'- :<:'■•"i/•'•; OMK ENGINEERING, ING;X REGISTERED LAND SURVEYORS - Mlj^NESOTA AND NORTtI DAKOTA T -•.■ /^GONSULTINC-'CIVIL ENGINEERS :•:,1 £. 32 '!■ TIL 2iS-73Mm I HEREBY CERtlEV THAT tHiS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UN* /? DER MY DIRECT Supervision AND THAT 1 /VM A DULY REGISTEIIeD land SDRVEYOH^^^^; UNDE^'^ri{J£^LA>^O^H^TA'lJ^ MINN ESOTA. ' ^;v FERGUS FALLS3iN. 50537! ■J.■ E ri m-./ /. dateC^REG. NO, 7575, i T' '■ . '■ ■V'L----.., ..,F- ■■-. . •^"’■* ■;• i' . ^ -r 4,; ; --V-’ ' 5 X ^ ;•: 5 X ;•: ^ x ^ :•: ^ x.^ N ^ x I / 5/-^2S '£\■ \ ■ : t \ 'i %>■ i/a\:i f^>Uh/0 ll20^--‘- 'i'- J/W'/. 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OSLUND & flSSQCS/L£Ajr \s S :•;1f ^y 7I^ I I/\:•:, , OMKIENGINEERING^ING'U' JLAHB ,.1 »’ ;:^;-M *iilliii»Miia£ y<> 6£zyY32 "r,, M; October 4, 2007 Page # 4 Paul HackI - Denied. (3:17 p.m.) Paul HackI, part of Government Lot 3, Section 19 of Girard Township by West Battle Lake, requested a, variance to have a substandard lot declared buildable for residential purposes. Barry Fabian repres;ented the applicant at the public hearing. The audience was polled with Richard Edmonds expressing concerns with the requested variance. Letters from Richard C. Edmonds and Thomas J. Eckdale in opposition to the variance as requested were read for the record. A letter from the Department of Natural Resources in opposition to the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion to declare the lot buildable with the condition that structures can only be placed on that portion of the lot located north of the road right-of-way. After additional consideration the motion to declare the lot buildable was withdrawn and Paul Larson offered a motion, second by Michael Harris and unanimously carried, to deny the Variance as requested noting the following: 1.) the granting of a variance would alter the characteristics of the general neighborhood, 2.) wetland concerns, 3.) buildable area concerns on the portion of the parcel located north of the road right-of-way and 4.) concerns with variances that might be required for development in the future. Ronald J. Schwanke - Approved the variance as requested. (3:45 p.m.) Ronald J. Schwanke, part of Government Lot 6, Section 32 of Dora Township by East Silent Lake, requested a variance to have the parcel declared a buildable lot for residential purposes. The audience was polled with the Eben Wall, potential buyer, speaking for the variance as requested. A letter from Chad and Mamie Slager in opposition to the variance as requested was read for the record. A phone call from John Vogt expressing concerns with the variance application was noted for the record. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to declared the easterly 100’ of Government Lot 6 lying south and east of County Road 41 as a buildable lot for residential purposes. The Board noted that this approval is consistent with past actions of the Board regarding similar properties that had been declared unbuildable. Fred Hage - Denied. (3:55 p.m.) Fred Hage, part of Government Lot 6, Section 3 of Dunn Township by Pelican Lake, requested the following: 1.) extend a covered deck across the home (lakeside) being approximately 29’ from the ordinary high water level, 2.) replace existing roof on dwelling with 6/12 pitch and 2’ overhangs, this includes covering of the proposed deck, therefore it will be 29’ from the ordinary high water level, 3.) excavate for walkout basement being approximately 29’ from the ordinary high water level (8’ wide by 8’ high/max) and 2 retaining walls 8’ high adjacent to sides of existing structure being 29’ from the ordinary high water level, and 4.) use excavated material from walkout and fill existing boat landing to match existing grade, being approximately 10’ from the ordinary high water level and will riprap. Required setback from the ordinary high water level is 75’ and from the shore impact zone is 37.5’. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Michael Harris and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variances as requested. The Board noted that other alternative should be considered and the applicant’s proposal is significantly within the shore impact zone. Ann Reckert Tst - Approved the variance as requested. (4:05 p.m.) Ann Reckert Tst, part of Government Lot 8, Section 6 of Nidaros Township by Clitherall Lake, requested the following: Due to extreme bias of side lot lines unique to this plat, current interpretation of “string line” as determined by neighbor’s closest corner cannot be reasonably met. Addition would be no closer to lake than existing structure, and will be further from lake than each neighbor. All other requests comply. Requesting a variance of 24’ from the required ordinary high water level setback of 100' for the placement of the proposed development 76’ from the ordinary high water level as depicted on the drawing submit with the variance application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, second by Carl Zick and unanimously carried, to approve the applicant’s proposed development as described in the variance application dated September 13, 2007 and as depicted on the drawing submitted with the variance application. It was noted that although the applicant’s proposed development will be ahead of the string line test the proposed development will be behind the existing sightline. Hardship is the shape of the applicant’s property. ’■ "(5"jblic Hearin letter to R' Schwanke variance request ■ ..... r-r--. ---------------.....=--------^---------=-----------r-rr-r-.-------------------------------------------------------------- Page Tl i ■ Mamie Siager <chad_marnie@yahoo.com> <wstein@co.ottertaii.mn.us> 10/3/07 9:33AM Pubiic Hearing Oct 4th, 2007; response ietterto R. Schwanke variance request From: To: Date: Subject: To The Otter Taii County Board of Adjustments and all concerned regarding the variance applied for by Mr. Ronald J. Schwanke. Good Afternoon, First off, we appologize for being unable to attend this meeting in person and want to thank everyone for their time given to us, their understanding.of our concerns and any efforts put forth regarding this matter. We have spoken vyith most of you either in person or by phone regarding the variance applied for by Mr Schwanke. It is our understanding that he is applying for a variance to take the pafcel of land adjacent to ours and declare it as a buildable lot for residential-: purposes. We understand the desire for Mr Schwanke to ask for this as it increases the value of the land considerably and because he has a buyer lined up, if the land is considered buildable. However,.without imposing our own personal reasons, such as loss of privacy and loss of panoramic vievy. of West Silent Lake, we would like to ask the Board to considered denying the request for the following reasons: When we purchased the adjacent land, we were told that the lake lot in question for the variance was not buildable and that privacy was ensured. We checked into this and found it to be true back in '99. This was a major deciding factor in our purchasing the lake lot where we are located. Like you, we cannot help but wonder why the land was- deemed "substandard" and "unbuildable" years ago when the rules and regulations were far less complicated and way more lenient but the fact remains that it was for reasons we may not see today. Whatever the reason, we are confident that this was done for a good purpose and protected someone's property as well as the lake. We now ask why the Board vyould consider to make it buildable in 2007 when the rules and regulations have been stiffened and, made to protect pur lakes and land by ensuring sufficient lake frontage and size to each new buildable lot to minimize impact on the lake and land. The lot in question for the variance comes in way under the new rules and regulations we have seen implemented over the years not just on our lake but on ^"pijig3|' .[Twayne Stein - Public Hearing Oct 4th, 2007; response letter to R. Sc^Fiwanke variance request " .............................- , ..—V--------------------------:---------------------------------------------..........................................■ ■--====-=—^—:-----------------------------------------------------------------------------------------------------------=-----------------------------------------— many others in Otter Tail County. Our number one concern is East Silent Lake and the reed bed that lays in front of the lake lot shore in question.-'.We have seen much spawning and fish nests nestled among these reeds and have watched them grow: . and take over the shoreline with much anticipation of good natural filteration and an even healthier lake for the future. To see it pulled and destroyed would take much away from the aquatic life, not to mention break our hearts. Mr. Schwanke is well aware of other "potential" buyers willing to pay good money for his land should it remain "substandard" and "unbuildable". And those potential buyers would keep the land and lakeshore just as it is. Protected. Before making a decision, we ask the Board to please ask yourselves "Why is Mr. Schwanke asking for this request? Is there any concern for the lake, the land? Is this the best thing for this lot? Or is something else driving the need to make this land buildable"? With all due respectv we ask the Board to please leave the lot in question as "substandard" and "unbuildable" just as it was deemed years ago. With the new Land and Resource rules and regulations placed on new jots: • today it doesn't make sense to go backwards or reverse the standards that need to be met to make a hew. lake lot buildable in 2007. It only opens up the door for confusion, controversy and sorrieone's need to push the limit on the strict rules and regulations for their oyvn misguided opportunities/purposes. Let your "yes" be "yes", and your "no" be "no" with no in-between to limit confusion for us and future generations who come to the lake to live. Please note again, Mr. Schwanke can still make a profit on his land and the land can remain protected in it's current state for years to come. That is the win-win situation. And Otter Tail County will prove it cares for it's land and lake shore as much as it says it does. Thank you again for your time and consideration in this matter. We will honor your decision either way. Sincerely, Chad and Mamie Slager Owner's of the lot east and adjacent to Mr: Schwanke's : Notice of Hearing for Variance Please note below the scheduled time and date of this public hearing. 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 must be present at the scheduled hearing. To Whom It May Concern: Ronald J. Schwanke 427 St SW Apt. 1 Perham, MN 56573 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, October 4, 2007 at 2:30 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 6, Property Address - None Section 32, Township 136, Range 41 - Township Name - Dora Lake No. 56-517, Lake Name - East Silent, Class - RD The variance requested is - a variance to have the parcel declared a buildable lot for residential purposes. Stein Board of Adjustment Secretary Date: September 13, 2007 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Taii) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 17th, day of September, 2007 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Ronald J Schwanke, 427 3^^ St SW Apt 1, Perham, Mn 56573 1419 Gregory Meyer, Twp Clerk of Dora, 33111 State Highway 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 Falis, MN 56537 Terry Lejcher, DNR 1509 1^' Ave N., Fergus Faiis, MN 56537 DNR Regionai Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Cierk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Leona Zimmerman, 418 E Lakeside Dr, Fergus Faiis, MN 56537 by piacing 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: September 17, 2007 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud