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Home My WebLink About47000050036000_Variances_12-14-1998THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS; MN 56537 (218) 739-2271 loO-**• COMPLETE THIS APPLICATION IN BLACK INK *** Application Fee Receipt Number La-p^e.r-h'/, _______ ______PROPERTY OWNER DAYTIME PHONE ADDRESS LAKE NUMBER LAKE NAME LAKE CLASS /3f nSECTION.TOWNSHIP ^7 - OOO- 05-- 00 5(^-0(90 RANGE TOWNSHIP NAME /\J 3-l1LePARCEL NUMBER FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION J-OIaJ TYPE OF VARIANCE REQUESTED (Please Check) Stmcture Setback Structure Size____Sewage System____Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED ft) ‘3 ^(1+ X 'f-U_ ^0 A<- 0 Tratb /k AC ^ /7lrC^ XLO I UNDERSTAND TH>^I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREM^S OF THE SHORELANI^ MANAGEMENT ORDINANCBSUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. Ac (yL/^ I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. APPLICANT IWUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) DATESIGNATURE OFPR 5 /t/ '4 /^/^^<J'^y ~/^3(^ /UC^ALc 7 /yt '^‘/y/e /^4, yy^y^ - cy^ -jys,yoUc^ ^S3 Accepted By Land & Resource L & R Official/Date y- ^ ?9Date Of Hearing Time Motion Donald Lafferty - Withdrawn Motion was made by Robert Schwartz, second by Randall Mann, to approve the variance as requested with the condition that each parcel must have room for two on-site septic systems and a registered surveyor’s drawing must be provided. After additional discussion and consideration, the previous motion was withdrawn as the applicant has adequate area to make each parcel at least 5 acres in size and a partial refund to the applicant, in the amount of $19.50, was approved. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 29L306 • Victor Lundean Co., Pfimers • Fergus Falls. Minnesoca January 7,1999 Page 4 Donald Lafferty - Withdrawn Donald Lafferty, New York Mill, MN, requested a variance to subdivide two parcels of less than 5 acres from an 80-acre tract. One parcel would be approximately 2.64 acres and the other parcel would be approximately 3 acres. Each parcel is presently serviced by its own well and septic system. The property is described as the South Half of the Southwest Quarter, Section 5 of Otto Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Robert Schwartz, second by Randall Mann, to approve the variance as requested with the condition that each parcel must have room for two on-site septic systems and a registered surveyor’s drawing must be provided. After additional discussion and consideration, the previous motion was withdrawn as the applicant has adequate area to make each parcel at least 5 acres in size and a partial refund to the applicant, in the amount of $19.50, was approved. Kenneth and Mary Lowden - Denied Kenneth and Mary Lowden, Perham, MN, requested “that Lot 24 and Lot 25 be considered separate buildable lots. Lots will be divide as follows in order to meet standards as closely as possible: currently, Lot 24 has 110’ lake frontage with .18,662 sq. ft of area and Lot 25 has 100’ lake frontage with 16,180 sq. ft of area. We request a variance to make the lots equal in size thereby decreasing Lot 24 to 105’ of ■, frontage with 17,421 sq. ft of area and increasing Lot 25 to 105’ of frontage with 17,421 sq. ft of area.” The property is described as Lots 24 and 25, Birchwood Subdivision, Little McDonald Lake in Edna Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by David Holmgren to approve the variance as requested. The motion failed with Jojin Everts, Mark Steuart and Cecil Femling voting no. It was noted that no adequate hardship had been shown and the granting of the Variance would establish precedence for Otter Tail County. Alan Eitreim Et Al - Denied Alan Eitreim, ET AL, Garretson, SD,. requested permission to repair a cement block retaining wall that has served as one wall of our boathouse for the past 25-30 years. To repair the existing boathouse variances for the following are required: to allow two water-oriented-accessory-structures within the shore impact zone, to allow the existing boathouse to remain within the bluff zone, and to allow the width of the boathouse, which is parallel to the lake, to remain at 24’. The maximum allowable width is 20’. The property is described as Lots 1, 2, 3 and part of 4, Eagle Lake Beach, Eagle Lake in Eagle Lake Township. Richard Eitreim represented the applicants at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to deny the variance as requested as no. adequate hardship had been shown and the proposed development is within the bluff zone. V ' • • i''t ’' vV-. Notice of Hearing for Variance Ottier Taii County.Courthouse 121 West Junius Ave. Fergus FalisV MN 56537 (218) 739-2271; Ext. 240 Applicant must be present at the scheduied hearing. :To Whom it May Concern: Donald Lafferty RR 3 Box 158 New York Mills, MN 56567 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, January 7,1999, at 7:30 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 the South Half of the Southwest Quarter, Fire# N2136 Section 5, Township 135, Range 38 - Township Name - Otto Lake No. 56-NA, Lake Name - NA, Class - NA TheVariance requested is: a variance to subdivide two parcels of less than 5 acres from an 80-acre tract. One parcel would be approximately 2.64 acres and the other parcel would be approximately 3 acres. Each parcel is presently serviced by its own well and septic system. lQBoard of^justment Secretaiy Date: December 18,1998 ACKNOWLEDGEMENT I UNDERSTAND THAT THE ADMINISTRATIVE STAFF OF THE OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT BE ABLE TO VIEW THE PROPERTY FOR WHICH A CONDITIONAL USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER. AS IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTYA RESULT, TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60 DAYS OF THE RECEIPT OF THE COMPLETED APPLICATION.I UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60 DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT TO DENY THE APPLICATION. THEREFORE, I HEREBY AGREE TO WAIVE THE 60 DAY TIME LIMIT IN ORDER TO ALLOW TIME FOR THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY APPLICATION. AP PHI CAN'DATED THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1^"^ & MCH 1®'^ FORMLTRS/6 0 DAYACK i ‘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 21st, day of December, 1998 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: V’ ' Donald Lafferty, RR 3 Box 158, New York Mills, MN 56567 Jayne Knight, Twp Clerk of Otto, RR 3 Box 117, New York Mills, MN 56567 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 -i- r Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492 Cecil B. Femling, 13 6th St. NE, Pelican Riapids, MN 56572 Randall Mann, 532 N. Ann St , Fergus Falls, MN 56537 Robert Schwartz, RR 1 Box 4, Wadena, MN 56482 Mark Stewart, 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. .•i' Dated: December 21st, 1998 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud s . ;/ T V-- L. RD OFFUTT CO PO BOX 7160 FARGO; ND 58:1.06-7160 DONALD T LAFFERTY RR 3 BOX 158 NEW YORK MILLS; MN 56567-9543 PHILLCP D JOMWA S EBSER RR a BOX 152 PERHAM. MN 56573-9526 LAKE REGION COOP EL.EC ASSN 12 5TH AOE E PO BOX W PELICAN RAPIDS, MN 56572-0643 iHUEBSCH FARMS INC I IRR 3 BOX 157A NEW YORK MILLS, NN 56567-9543 Print Key Output Page 1 12/14/98 11:00:225769SS1 V4R2M0 980228 OTTER Display Device User ....QPADEV0033LAND Inquiry Taxpayer/Legal InfoTC906D 10 T56 BRC Tax System Bill No. Parcel No.30428 1998 NameDONALD T LAFFERTYNEW YORK MILLS MN 56567 R 47000050036000R 0 Tax CodesTwn/Sch 0047 0553Spec Dist User Codes TIF DistrictAddress PAS RECORD District Code 4702 Taxpayer DONALD T LAFFERTY RR 3 BOX 158 NEW YORK MILLS MN 39385 56567-9543 Property AlternateLegal Description Sect/Twn/Range PlatLot/Block Sl/2 SWl/4 05 135 038 EscrowDeeded80.00 AC Other More Legal? N = CAMA More Addresses? Y Mod? Action?A=CSM B=ASM C=DQ D=NAL E=TR F=SP P=PA S=GS U II s Ci DON LAFFERTYC)NW COR. SW1.4-SW1.4. SEC. 5. T135N. R38W 0; § 344.00 APPROXIMATE NORTH LINE SW1/4-SW1/4, SEC. 5. T135N, R38W (NOT DETERMINED BY THIS SURVEY) EAST 297.0033.00 VICINITY MAP WELL T SECTION 5, T135N, R38W DON LAFFERTY NTRACT A *BLOCK SEPm TANK (ABANDONED) 2.92 ACRES iNCL ROAD R/W 2.64 ACRES EXCL. ROAD R/W TOWNSHIP ROADISO10050500 n lE’,. ■■ ■-sslmV•§SHED El/4 COR. SEC. 5 Scale 50'-St -StVy8o777777777777^qTry/- rd o Orientation of this survey was based upon the west line of the Southwest Quarter, Section 5, T135N, R38W, which was assigned a bearing of North. r-vT3n /•NW COR. SW1/4-SW1/4. SECTION 5 \-SttoSHOP L_i 4EXISmC DRIVE SITEX REMAINING FROM ORIGINAL PARCEL-St-St LEGENDiCfc yf zTOWNSHIP ROADISft' COR. SEC. 5 SI/4 COR. SEC. 5SET 1/2* DIA. IRON REBAR WITH PLASTIC CAP MARKED MILLER 23046 FOUND 1-1/4” DIA. IRON PIPE INPU\CE NOTHING SET G I A COMPUTED POSITION,Oo POWER POLE-O-oo-St oo R/W RIGHT-OF-WAYOlo>1^ P.O.B.POINT OF BEGINNING-StP.O.B. - (TRACT A)!LEGAL DESCRIPTIONSEAST344.00/ DON LAFFERTY7 33.00 311.00\\-t- -t • •-.*TRACT A i -t That part of the Southwest Quarter of the Southwest Quarter, Section 5, Township 135 North, Range 38 West of the Fifth Principal Meridian, Otter Tail County, Minnesota described as follows; Commencing at the southwest comer of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North along the west line of said Southwest Quarter of the Southwest Quarter a distance of 888.73 feet to the POINT OF BEGINNING of the tract of land to be described; thence continuing North along said west line 370.00 feet; thence East 344.00 feet; thence South 370.00 feet; thence West 344.00 feet to the POINT OF BEGINNING. Said tract of land contains 2.92 acres including Township Road right-of-way and contains 2.64 acres excluding Township Road right-of-way. Subject to an easement for Township Road right-of-way purposes over, under and across the westerly 33.00 feet of the above described tract of land. / XXh-cc ooV)z / DON LAFFERTY TRACT B Subject to other easements, restrictions and reservations of record, if any.33'33* 3.32 ACRES INCL. ROAD R/W 3.00 ACRES EXCL. ROAD R/W<N TRACT BooqodoCMCMThat part of the Southwest Quarter of the Southwest Quarter, Section 5, Township 135 North, Range 38 West of the Fifth Principal Meridian, Otter Tail County, Minnesota described as follows: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North along the west line of said Southwest Quarter of the Southwest Quarter a distance of 468.73 feet to the POINT OF BEGINNING of the tract of land to be described; thence continuing North along said west line 420.00 feet; thence East 344.00 feet; thence South 420.00 feet; thence West 344.00 feet to the POINT OF BEGINNING. Said tract of land contains 3.32 acres including Township Road right-of-way and contains 3.00 acres excluding Township Road right-of-way. Subject to an easement for Township Road right-of-way purposes over, under and across the westerly 33.00 feet of the above described tract of land. ’M* o COOP n Subject to other easements, restrictions and reservations of record, if any. 'tU4U^ *: y N5HOUSE I /\ \/ / / //-0“/I hereby certify that this Certificate of Survey was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. // /EXISTING DRIVE // .////;//P.O.B. - (TRACT B) /V 33.00 311.00 Thomas M. Miller Minnesota License No. 23046WEST344.00-o- \ !Q BARNi:i<o A I hereby certify that the subdivided property described in this survey meets the County requirements for pubhc road access and has suitable area for the installation of two standard sewage treatment systems. 4 DON LAFFERTY>»- Signed: $Property Owner9:I I There are no wetlands on this property other than as shown. SW COR. SW1/4-SW1/4, SEC. 5, T135N. R38W (SW COR. SEC. 5) SHT. NO.PROJECT SHT. NAMEREVISIONSSCHELLACK ENGINEERING AND LAND SURVEYING L.J.S.T.M.M.APPROVED BY:DRAWN BY: DON LAFFERTY BOUNDARY SURVEY08/12/1998 I OF IDATE:PROJ. NO. proj\ lafrtyP3\plan.dwg DWG.(218) 732-5772 Fax (218) 732-0841 DWG. NO.:P.O. Box 628 Park Rapids, Minnesota 56470 > X-M