HomeMy WebLinkAbout16000991009000_Variances_09-26-2000872754 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # _
was filed/recorded in this office
for record on the '1 day of
; _____O voy^ 2000 at
Wendy L. Metcaif, C9ui;tty ^eco/;|er
by: ^0/w
872754
.recording fee 6
.weli certificate
mTHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLSCATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271
“‘COMPLETE THIS APPLICATION IN BLACK INK***
Application Fee
IReceipt Number
a! XecH- A
*^^Coloj Vo
ADDRESS Be/ 93Z. M*/ S'CJ.O/_________
LAKE NUMBER 5& - LAKE NAME ^K/i
SECTION ^ 7 TOWNSHIP RANGE 4-1
(3.1S)PROPERTY OWNER DAYTIME PHONE
LAKE CLASS
TOWNSHIP NAME /Viv/y 4» 4/«^
FIRE / LAKE I.D. NUMBER Afiprof.. ijG mW-o^
•/9
PARCEL NUMBER a-f . ^"6 7
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LEGAL DESCRIPTION v . a ^L.vr *7
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback___Structure Size____Sewage System Subdivision V Cluster Misc.
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‘place..
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCeSUBDIVISION 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.
signatiMe of property owner
^OOQ
DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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Accepted By Land & Resource MT & R Official/Date
r)T*o?<Pq>Tj Time ^-30Date Of Hearing
Motion
Chuck and Karen Jacobs - Approved as requested
Motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to approve the variance as
requested noting the prior involvement and approval of the Otter Tail County Planning Commission.
irman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
y_ No
'IpLoo
LR OfTiciaVDattf
Copy of Application Mailed to Applicant And the MN DNR
bk 0198-001
291.306 • Victor Lundeen Co.. Priniers • Fergus Falls. Minnesota
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
MMNovember 2, 2000
The Otter Tail County Board of Adjustment met Thursday, November 2, 2000, with the following persons in
attendance:
r
Cecil Femling
David Holmgren
Randall Mann
Steve Schierer
Mark Steuart
Leona Zimmerman
Bill Kaler, Land and Resource Management Director
Mark Ronning, Land and Resource Management
David Hauser, County Attorney
Call to Order - Randall Mann, Chairman, called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved -
Hearing no corrections or additions the minutes of the October 12, 2000 meeting was approved as mailed.
The following variance requests were heard:
Thomas Erickson - Tabled
Thomas Erickson, Fergus Falls, MN, requested a variance of 10’ from the required drain field setback of 20’ for
the placement of an attached garage 10’ from the drain field. The property is described as Lot 24 and part of
Outlot D, Basswood Ridge, South Turtle Lake in Tordenskjold Township. The audience was polled with no one
speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer,
second by Leona Zimmerman and unanimously carried, to table the applicant’s request until the next
scheduled meeting of the Board of Adjustment for a determination, by the Land and Resource Department, as
to what variance is necessary for the development as proposed.
I Chuck and Karen Jacobs - Approved as requested f
Chuck and Karen Jacobs, C/0 Taylor Investment Corporation, Brainerd, MN, requested the following: “To
allow property exchange between the Wagener’s and Jacob’s for the road relocation for the Subdivision of
East Silent Lake Shores at the request of the Planning Commission. Road has been built to Twp. Specs and
Town Board adopted a Resolution to approve the relocate and vacate of Town Rd T-758 (AKA 41Street).
Deeds are being exchanged in a result of a no net loss to the Jacob’s to allow the road to be realigned into the
existing roadway. In order to record deeds a variance must be obtained because a substandard split would be
taking place.” The property is described as part of Government Lot 7, Section 27 of Dora Township by East
Silent Lake. The audience was polled with no one speaking for or against the request. After discussion and
consideration, motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to
approve the variance as requested noting the prior involvement and approval of the Otter Tail County Planning
Commission.
Notice of Hearing for Variance
Otter Taii County Courthouse
121 West Junius Ave.
Fergus Faiis, MN 56537
(218) 739-2271 Ext. 240
Appiicant must be present at the scheduled hearing.
To Whom It May Concern:
Chuck and Karen Jacobs
C/0 Taylor Investment Corporation
PO Box 932
Brainerd, MN 56401
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
Thursday, November 2, 2000, at 6:30 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 7,
Section 27, Township 136, Range 41 - Township Name - Dora
Lake No. 56-517, Lake Name - East Silent, Class - RO
The variance requested is:
the following: “To allow property exchange between the Wagener’s and Jacob’s for the road relocation for
the Subdivision of East Silent Lake Shores at the request of the Planning Commission. Road has been built
to Twp. Specs and Town Board adopted a Resolution to approve the relocate and vacate of Town Rd T-758
(AKA 410*^ Street). Deeds are being exchanged in a result of a no net loss to the Jacob’s to allow the road
to be realigned into the existing roadway. In order to record deeds a variance must be obtained because a
substandard split would be taking place.’’
Ijl).o 9s.')l^x/y\
Board ofMdjustment Secretary
Date: October 13, 2000
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 October, 2000 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Chuck and Karen Jacobs, % Taylor Investment Corporation, PO Box 932, Brainered, Mn 56401
Gregory Meyer, Dora Twp Clerk, RR 1 Box 58, Dent, MN 56528
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
Board of Adjustment:
David H. Holmgren, RR 1 Box 188B, Henning, MN 56551
Richard s. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Leona Zimmerman, 418 E. Lakeside Dr., Fergus Falls, MN 56537
Mark Steuart, RR 1 Box 82, Richville, MN 56576
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: October 16th, 2000
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:-C-V
Vi Manderud
/ '
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DORA TOWN BOARD RESOLUTION NUMBER ONE
RE: Town Road Petition Filed August 8, 2000
(East Silent Lake Shores Subdivision)
WHEREAS, the proposed East Silent Lake Shores Subdivision
requires a portion of the existing Township Road T-758, also Icnown as
410"’Street to be vacated, altered and relocated;
WHEREAS, Minnesota Statutes 164.06 and 164.07 allows for the
means to vacate, alter and relocate said Township Road T-758 (410"’ Street)
by petition.
WHEREAS, the Commissioner of Natural Resources has received
notice of the proposed vacation of the existing road, which is located
adjacent to East Silent Lake, and has not interposed any objections or '
concerns. T
WHEREAS, by vacating, altering and relocating a portion of
Township Road T-758 (410"’ Street) is in the best interest of the Town
Board and their residences. The new alignment will make Township Road ^
T-758 (410"’Street) abetter, safer and easier road to maintain.
f
NOW, THEREFORE, BE IT RESOLVED, that pursuant to
Minnesota Statutes 164.06 and 16^.the Town Board of Supervisors of
Dora Township, Otter Tail County, State of Minnesota, agrees to the
vacation, alteration and relocation of said Township Road T-758 (410"’
Street) per the alignment shown on the proposed plat of East Silent Lake
Shores.
; ;j
BE IT FURTHER RESOLVED, that as a condition subsequent to
approval of this resolution that Taylor Investment Corporation, an interested
party, has constructed said altered roadway to Dora Township and Otter Tail
County Specifications.
MOVED BY:
SECOND
AYES: ^
NAYES:^
ABSENT: ^
*O
Adopted, this|9th day of September 2000, at the Regular Meeting of the
Dora Town Board.
TOWNSHIP OF DO
By:
aryl H^^rstrck, Chairman
Attest:
Grey Meyer, Clerk
9 W.=d.
o
AGREEMENT
This Agreement is made this
by and between TAYLOR INVESTMENT CORPORATION, hereinafter called
"Taylor" and ARTHUR H. WAGENER AND BARBARA WAGENER, husband and
wife, hereinafter called "Wagener" and CHUCK JACOBS AND KAREN
JACOBS, husband and wife, hereinafter called "Jacobs".
day of , 2000
WHEREAS,
Government Lot 7, Section 27, Township 136, Range 41, Otter Tail
County, Minnesota, described as "1-A" on Exhibit 1 attached
hereto and shaded in pink thereon and legally described on
Exhibit 2 attached hereto; and
Jacobs are the owners of real estate located in
Wageners are the owners of real estate located in
Government Lot 7, Section 27, Township 136, Range 41, Otter Tail
County, Minnesota, described as "1-B" on Exhibit 1 attached
hereto and shaded in yellow thereon and described on Exhibit 3
attached hereto; and
WHEREAS,
WHEREAS, Taylor is or will become the owner of real estate
located in Government Lot 7, Section 27, Township 136, Range 41
described as "1~C" on Exhibit 1 attached hereto and shaded in
orange thereon;.
WHEREAS, the parties wish to enter into an agreement which
will allow a relocation of a road.
Now, therefore, in exchange of mutual promises and other
good and valuable consideration, receipt of which is hereby
acknowledged, the parties do hereby agree as follows:
Wageners do hereby agree to convey by quit claim deed to
Jacobs the real estate described on Exhibit 1 as "1-B" and shaded
in yellow thereon, and legally described on Exhibit 3, free and
clear of any liens or encumbrances.
Jacobs agree to convey by quit claim deed to Wageners
the real estate described on Exhibit 1 as "1-A", shaded in pink
thereon, and described on Exhibit 2, free and clear of any liens
or encumbrances.
1.
2.
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- 3. Upon completion of the road relocation recording of the
final plat of East Silent Lake Shores, and in any event, no later
than six months from date hereof, Taylor Investment Corporation
shall cause to be conveyed to Jacobs the real estate described on
Exhibit 1 described as »l-c" and shaded in orange thereon,
together with good marketable title therein, free and clear of
any liens or encumbrances.
That all costs for preparing the deeds described herein
and recording of same shall be the responsibility of Taylor.4.
TAYLOR INVESTMENT CORPORATION
/7-d>c)Dated:
B
A-Dated: ^
Arthur H. Wagener
N
JDated:
Barbara Wag/ener
Dated: ' ff "uChuck JacQDs •?
V■}
Dated:
IKaren Jadobs
STATE OF MINNESOTA )
)SS
COUNTY OF OTTER TAIL)
//tC^regoing instrument was acknowledged before 7/yy^//4}y __________, 2000 by chuck JacobsThe me this
and Karenday of
Jacobs, husby^frid and wife.
Notarial Stamp or Seal
Notary Public38eeS88g888e38Sa8ggg8gagri8ga3^
^ DIANNE KIMM u
5 NOTARY PUBLIC-MINNESOTA ;
< My Commission Expires Jan. 31,2005
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STATE OF MINNESOTA )
COUNTY OF )
)SS
The foregoing instrument was acknowledged before me this 2-Llf
, 2000 by Arthur H. Wagener andday of
Barbara Wagener, husband and wife.
m '
Notary Public
Minnesota
Mv Commission Expiies Jan. 3). 2005
►
Notary Public► ■Hi
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7rr7do^<^STATE OF 14;)!'i
)ss^^ou) iJirt
COUNTY OF )
The foregoing was acknowledged before me this .ZZ^'day of /lu^usl
, 2000 StaH _________ and vywt >1.^^
_ and of Taylor Investment
a corporation under the laws of the State of
Minnesota on behalf of the Board of Directors.
*y:/Corporation.r.l■ii ■!
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Notarial Stamp
V
Notary PublicROSELLA L WOLVERT
NOTARY PUBLIC - MINNESOTA
My Comm. Exp. Jan. 31,2005
H*M**tU**^***H*****i %
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DRAFTED BY:
•1.
KREKELBERG & SKONSENG, P.L.L.P.
Attorneys at Law
P.O. Box 353
Pelican Rapids, MN 56572
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Print Key Output Page 1 11/06/00 16:30:50OTTER5769SS1 V4R4M0 990521
Display Device ..................User’,. . .......................'. . .
TC906D 10 T56 ACS Tax System Bill No. Parcel -No.
9991 ■ R 16000270151001 2000
Tax Codes Twn/Sch
Spec Dist
User Codes , TIE DistrictAddress PAS RECORD
QPADEV0074MSAMUELS
Inquiry Taxpayer/Legal InfoNameKAREN JACOBS COON RAPIDS MN 55448
Taxpayer ’ 22666KAREN JACOBS132 104TH LN NWCOON RAPIDS MN 55448-5039
0R:
District Code 1602
0016 0549229
Property
Alternate 'Legal Description • Sect/Twn/Rarige' 27 136 041
PlatLot/Block
TR IN GL7:BG 66.49'NLY & 11.81'WLY FR NE COR LT6 SHULTZLDG;WLY 78.22'NELY 113.83'SELY77'SWLY102.28
EscrowDeeded. 19 AC
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Department of
LAND & RESOUI^CE MANAXIEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Falls, Minnesota 56537
MALCOLM K. LEE, Administrator
July 1, 1985
Hr. Larry H. VanWatennulen
RR
Perham, MN 56573
Re: Sewage permit l!^6170 for Doris Leverson on
East Silent Lake
Dear Mr. VanWatennulen:
Regarding our coDVereation on May 14, 1985 while you were installing the
sewage system for Mrs. Leversons dwelling. 1 mentioned that the well
inside the dwelling must be removed, before the new sewage system could be
used. Also the old sewage system must be punq>ed and destroyed.
As of June 28, 1985 our office has never been notified about these matters.
Please contact our office within seven (7) days of receipt of this letter
or legal action may have to be taken.
Sincerely,
Tim Griep
Inspector
Ifflb
SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE
SOLID WASTE ORDINANCE - RIGHT-OF-WAY SETBACK ORDINANCE - FUEL AND ENERGY COORDINATION
SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION