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Variances
2
Barcode 128
857045
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that8 ,-7 0 45 this instrument # ----''--~=------
was filed/recorded in this office
for record on the I ) day of Ou..--1999at ~pm
Wendy . Metcalf, County Re order
by: ~13uty-
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739 -2271
*** COMPLETE THIS APPLICATION IN BLACK INK *** ::tf;; :,i)
Application Fee <PO, Ou
Receipt Number 6 f IO 7
PROPERTYOWNER A ,efll}of-./D G AR A SA ft.u~AYTIMEPHONE c2z8-:Jh7~cJ.B88
ADDREss g,_ 1. g6><-1o9 0 P€1<.Hlvv1. . M"-1 5<:e s 7.3 I ;
LAKE NUMBER 50 -14-/ LAKE NAME Rustf IA1</£ LAKE cLAss 6 7J
SECTION 3.0 TOWNSHIP [ 3-5" RANGE -3, 6 TOWNSHIP NAME _(ft,_~/_D _______ _
PARCEL NUMBER _ ____._4_7_-_aJ_O_-_jf,J_---'-{)'----~-o_, _-_o_o_o ____ FIRE / LAKE I.D. NUMBER _R_-..:..?,...:;.3o.::;.__ ___ _
LEGAL DESCRIPTION
C,--e O u-i Y )
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback_ Structure Size _ Sewage System _ Subdivision x_ Cluster_ Misc. _
SPECIFY VARIANCE REQUESTED
f(EQ,Ui:.">r A Vfl.rZ-I P~£ ,o ;5o~D'V<DE A ;).77 /l.<!R.~ ;;.f-rO c:! ;rcAczS
/?}Y ME.,£5 f-1
B e;c)tJ.DS._ TR-Ac., 13 w,c_,c R.,£.fAu.J AN 11--iGJ ,uESS c;(
f b P-'i.SS /c_A-sfi.-M t::J -r AeROS~ /rl ~ 5ouTf-{t:,R.LY "33 +-L o~ V-,t1--<2,+ f\
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION 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.
c4 ~.R~ al. If, l!~f
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The DatefTime Of Hearing)
De~11JJlrr_9 1999
Pa~ 'r: 1 _ or:
d<cJI -tJa,.._
;;iol -&1 4
,-
c::7'\ .....
,
Accepted By Land & Resource
/-3 v
Date Of Hearing __ _,M'---o_t/_e='"-'-'--"'h-"-'ce~--/-r ____ /_9_9_9 ____ Time __ ,r_,,_-?_fl'_. __ _
Motion
Armond Barasa -Approved with condition.
Motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to approve the proposed
subdivision as requested with the condition that an area 66' wide from the east side of Parcel A to the west side of
Parcel B must be dedicated to the public for road purposes and with the condition that the strip of land (approximately
30.46' wide by 199.91 ' long) lying easterly of Parcel A and westerly of the dedicated road in Almar Acres must be
dedicated to the public for road purposes. Hardship is the unique shape of the applicant's property and the inability to
plat the property without obtaining a variance for the public road.
quired from Land & Resource Management
___ Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant And the MN DNR
bk 0198-001
291,306 • Victor Lundeen Co. P11nters • Fergus Falls. M1nnesola
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PARCEL B
7.62 ACRts +/-
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PARCEL A
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December 9, 1999
Page 7
Armond Barasa -Approved with condition.
Armond Barasa, Perham, MN , requested a variance to subdivide, by metes and bounds description, an
existing 2. 77 acre tract into two parcels identified as tract A, a 1.15 acre parcel and tract B, a 1.62 acre
parcel, as depicted on the applicant's drawing. Ingress and egress to tract 8 would be by a 33'
easement across the southerly 33 ' of tract A. The property is described as part of Government Lot 2,
Section 30 of Otto Township by Rush Lake. The audience was polled with no one speaking for or
against the request. After consideration and discussion, motion was made by Cecil Femling, second by
Randall Mann and unanimously carried, to table this request until the December 9, 1999 meeting for
the purpose of receiving additional information and clarification from the County Attorney's office.
December 9, 1999 meeting -After additional discussion and consideration, motion was made by
Randall Mann, second by Cecil Femling and unanimously carried, to approve the proposed subdivision
as requested with the condition that an area 66' wide from the east side of Parcel A to the west side of
Parcel B must be dedicated to the public for road purposes and with the condition that the strip of land
(approximately 30.46' wide by 199.91' long) lying easterly of Parcel A and westerly of the dedicated
road in Almar Acres must be dedicated to the public for road purposes. Hardship is the unique shape
of the applicant's property and the inability to plat the property without obtaining a variance for the
public road.
With no further business Chairman Everts declared the meeting adjourned at 10:18 p.m.
u)~_2:1oM)·
Wayne Stei Secretary
Scale: _____ -,:,rid(s) equals ______ feet, or ______ inch(es) equals ______ feet
I
Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water
frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper-
vious surface.
Required impervious surface coverage calculation (See definition in Shore/and Management Ordinance)
~/'/0~
Total Impervious
Surface Onsite
{FT2)
BK -0500 -029
Total Lot Area
(FT2)
=
17¥.13
0,0/ X 100 = ______ %
RECEI ED
NOV 1 3 2001
LANO & RESOiJRCE
304.678 • V1ctor Lundeen Co Printers • Fergus Falls, MN • 1-8()().346-4870
ACKNOWLEDGEMENT
RECEIVED
NOV 1 3 2001
I.AND & RESOURCE
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
A RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTY
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
-~PPLICATION.
DATED
THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 18T & MCH 18T
FORMLTRS/60DAYACK
Nov.ember 18, 1999
Page 4
Marvin Anderson -Approved with condition.
Marvin Anderson, Underwood, MN, requested a variance to subdivide, by metes a bounds description,
a tract of less than 5 acres, but meeting the minimum area and width requirements for platted lots on an
agriculture classed river. The property is described as Lot 9, Walls River Lots, Otter Tail River in Maine
Township. Clem Hendrickson, Surveyor, appeared along with the applicant at the public hearing. The
audience was polled with Jerry Swenson speaking for the request. After consideration, motion was
made by Randall Mann, second by Cecil Femling and unanimously carried, to approve the variance as
requested with the condition that a registered surveyor's drawing must be provided at the time of
conveyance. It was noted that the proposed parcel does has a building site, has adequate room for two
on-site septic systems, meets the minimum frontage and area requirements and has public road
access. The granting of the variance request will provide the applicant with a reasonable use of his
property.
Armond Barasa -Tabled
Armond Barasa, Perham, MN, requested a variance to subdivide, by metes and bounds description, an
existing 2. 77 acre tract into two parcels identified as tract A, a 1.15 acre parcel and tract B, a 1.62 acre
parcel, as depicted on the applicant's drawing. Ingress and egress to tract B would be by a 33'
easement across the southerly 33' of tract A. The property is described as part of Government Lot 2,
Section 30 of Otto Township by Rush Lake. The audience was polled with no one speaking for or
against the request. After consideration and discussion, motion was made by Cecil Femling, second by
Randall Mann and unanimously carried, to table this request until the December 9, 1999 meeting for
the purpose of receiving additional information and clarification from the County Attorney's office.
Michael and Peggy Bullinger -Denied
Michael and Peggy Bullinger, Fargo, ND, requested a variance of 7' from the required lot line setback of
1 O' for the construction of a 1 O' addition to an existing garage 3' from the south property line. The
property is described as Lots 10 and 11, Block 1, Pelican Point, Pelican Lake in Dunn Township. The
audience was polled with no one speaking for or against the request. After consideration, motion was
made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as
requested noting that the granting of the applicants' request would allow for the continued use of a
prohibited (second dwelling) use.
James Moline -Tabled
James Moline, Bend, OR, requested a variance to subdivide Lot 21, Block 1 of Tonseth Heights into
two parcels without a registered surveyor's drawing. One tract would be approximately 44,280 square
feet. Mr. Moline would like to convey this parcel to Glenn Freeland who plans to construct a storage
building on this site. Mr. Freeland owns Lot 14 in the same subdivision. James Moline is retaining the
remaining portion of Lot 21 (approximately 96,720 square feet). The size requirements for a back lot on
a recreational development lake are 300' of width and 80,000 square feet of area. The property is
described as Lot 21 , Block 1 of Tonseth Heights, Tonseth Lake in Friberg Township. The audience was
polled with no one speaking for or against the request. After consideration, motion was made by
Randall Mann, second by Les Estes and unanimously carried , to honor the applicant's request and to
table the hearing on this application until a later date.
State of Minnesota )
)SS
County of Otter Tail)
OTTER TAIL COUNTY
' Fergus Falls, Minnesota
I, Wayne Stein, Secretary for the Board; of Adjustment for Otter Tail County, Minriesota,.do hereby
· certify that on the 19th, day of November, 2001 the attached Notice of Hearing for Variance was duly
. served upon the individuals listed below and/or included in the attachment:
Armond Barasa, 1467 James Way West, Anaheim, CA 92801
Kennedy and Nervig, LLP, 503 Jefferson St. S., PO Box 647, Wadena, MN 56482-0647
Rush Lake Assoc., INC., PO Box 42, Perham, MN 56573
Russel Kadow, Twp Clerk of Otto, 38531 470th Ave, 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
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
David Trites, 707 N. Otter Ave, Parkers Prairie, MN 56361
Mark Steuart, RR 1 Box 82, Richville, MN 56576
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositingf 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: November 19th, 2001
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: l U""g . en~~ • Vi Manderud
+ .
...
14.67 .JAt!ES WAY W
ANAHEiM, CA 92801-4713
.JUDITH A H2L.GL
46465 BOYS SHOR£ RD
OTTERTAIL, HN 56571-9525
CRAIG & DARLENE SMITH
46461 fiOYS SHORE RD
OTTERTAIL, MN 56571-9525
RICHARD G & CAROL J TAGGART
RP. 2 BOY. i2E
WADENA, MN 56482.-8902
ROGER & SHARON C KRAUSE
46730 COUNTY HIGHWAY 54
OTTERTAIL, MU 56571-9528
JOHN & GERALDINE HOTZ
2'369 AURORA LU
SAIWT CLOUD, MU 56303-1337
ROBERT 11ATTSON
6624 5TH AVES
RICHFIELD, HN 55423-2126
STEFFENS TST
51,£)5 0Ar,'. Ai/E :5E
SAINT 11ICHAEL, 55376-·37•212
CLARENCE J & DOLUrib· -..---E SCHOhhEE :
1830 FOUKTAiU LU
PLYMOUTH, HN 55447-2725
,:;:HARON SMITH JAMES L & -
4445 15TH Al/£ S
~IMUEAPOLIS, Mt.I. 55407-3648.
f.: ICHAF:D E & CICELY G JOHNSON
46405 BOYS SHORE RD
OTTERTAIL, MN 56571-9525
CATHLEEN M ARUOLDY
11564 WELKER RD H
467 l).;)-"3414 ROAMOl<.E, I U
JOHN A & GAILE ARNOLDY
6019 BIRCHDALE ~D -as?
BRAINERD, KM 56401-b -
KARY K & JOHU L MAURER
333 MAPLE DR
FOLEY, KN 56329-8754