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Home My WebLink About51000020019000_Variances_11-09-2004Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA965971 i hereby certify that this instrument #— was filed/recorded in this officefor recordUin the_^__day of ^ ______LlSAZZ_2004 atiflLfSf^m/bm ly L.^Metcalf, County R^i^er hy- { t i4cordinaf(^ ^ well certificate Wend 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 Receipt Number Accepted By / PataOiCT* PHotj/rtgj CLASS RANGey>V<T^ TOWNSHIP NAME /VtkHdiA^ Application COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER MAILING ADDRES5 LAKE NUMRKRy —LAKE NAME 03.TOWNSHIPSECTION E-911 adores: PARCEL NUMBER :z /Sc? .yoy 3 PT GL 3 COM NE COR LOT 4 BLK 2 LAKESIDE ESTATE EAST N 77 DEG W 237' N 22 DEG W 244' N 76 DEG W 121' N 70 DEG W 137' N 45 DEG W 121' N 37 DEG E 126' TO BG N 61 DEG W 120 25 DEG E 145 LN N 6 DEG E FR BG S 6 DEG W TO BG N TO LK SELY TO TYPE OF VARIANCE REQUESTED (Please structure Setback Structure Size ClusterSewage System____ Subdivision Misc. 7i? 3:^ ■'<y&rjy9cyr hs^/’Jyc:e> ^ /joMe, p'c::) yl/y/cz y^ziS'e. <3>//GiT^^ .3'iPe- 0^ ^' ^ ..■J ’ A • \ . 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 REGARDJNG TFUS MATTER. Y OWNER ^ DATESIGNATURE OF PROP^ APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) V TimeDate Of Hearing Motion Gary and Henrietta Kendrick - Approve the variance as requested with a condition. (7:16 p.m.) After consideration and discussion, Steve Schierer made a motion, seconded by Michael Conlon and unanimously carried, to approve a variance of 37’ from the required ordinary high water level setback of 75’ for the construction of a dwelling 38j'from the ordinary high water level with the condition that no more than 25% of the total lot area can be covered with impervious surfaces.. The proposed development is an improvement, does not restrict view from adjacent properties and is behind the building line. The Board noted that the variance as approved does not grant directly or indirectly any septic system variances should a new septic system be required for the proposed development. Hardship is a substandard lot of record. Chairman/Cjifer Tail County Boara^ Adjustment . Permit(s) required from Land & Resource Management ^ X Yes (Contact Land & Resource Management) K No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0903-001 315,694 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota November 4, 2004 Page # 2 Louise Trana - Approved the proposed subdivision with a condition. (6:43 p.m.) Louise Trana, part of the Southeast Quarter of the Southeast Quarter, Section 8 of Leaf Lake Township, requested a variance to subdivide an existing 2.51-acre parcel into two tracts. One tract could contain 21,396 square feet of area and the other tract would contain 87,973 square feet of area. The proposed tracts meet the minimum size requirements for platted lots (120' of width and 20,000 square feet of area) and have access to a public road. Additional Information - According to the Property Tax Records, the applicant’s property is 1.67 acres or approximately (43,560 time 1.67) 72,745.2 square feet. The measurements within the legal description describe a parcel, which contains 73,035.06 square feet or approximately 1.676 acres. As you will note from the attached drawing the 2.51-acre parcel described in the requested variance contains a significant amount of road right-of- way. 480'^ Ave on the East and State Highway 108 on the South. The difference in acreage between the property tax records and the acreage described within the variance request is the area contained within the road right-of- way. Jim Peterson, Surveyor, appeared with the applicant at the public hearing. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion to approve the variance as requested. After additional discussion and consideration this motion was withdrawn and Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve the subdivision of the applicants existing parcel with the following conditions: 1.) the smaller of the two parcels must have 20,000 square feet of area excluding any road right-of-way area included within the parcel and 2.) the applicant must provided a registered surveyor’s drawing when recording the proposed subdivision. The Board noted that the value added to the property by platting would not exceed the cost to plat the proposed subdivision. The Board also noted that both parcels have access to a public road, the applicant does not have any additional property in this area and additional subdivision of this property will most likely not occur. James R Uhl - Tabled James R Uhl, part of Government Lot 5, Section 32 of Hobart Township by Sybil Lake, requested a variance of 56’ from the required ordinary high water level setback of 100’ for the construction of a dwelling 44’ from the ordinary high water level and a variance to install a drain field in the road right-of-way. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. Marilyn Skillings submitted a letter expressing concern with the use of the words “road right-of-way’ in the application and in the notice. A letter from Hobart Township in support of the variance as requested was read for the record. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to table, with the verbal permission of the applicant, this hearing until the December 1, 2004 Board of Adjustment meeting. The applicant is to consider other development alternatives that would required fewer variances and to verify all setback requirements. and Henrietta Kendrick - Approve the variance as requested with a condition. (7:16 p.m.) Gary and Henrietta Kendrick, part of Government Lot 3, Section 2 of Perham Township by Little Pine Lake, requested a variance of 37’ from the required ordinary high water level setback of 75’ for the construction of a dwelling 38’ from the ordinary high water level. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. An email from Stephen Shure in opposition to the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, seconded by Michael Conlon and unanimously carried, to approve a variance of 37’ from the required ordinary high water level setback of 75’ for the construction of a dwelling 38’ from the ordinary high water level with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. The proposed development is an improvement does not restrict view from adjacent properties and is behind the building line. The Board noted that the variance as approved does not grant directly or indirectly any septic system variances should a new septic system be required for the proposed development. Hardship is a substandard lot of record. CUtJM xc. • i,3rn,nu.4yii h". 1 efsd<^o4- !;.•# 70l cJ^»t40 ^e4erw>6a4 : i OCT j ^ ^004 :t '•: ; ■ [ Co •I i: -;• :. !„ :■ i' : c'. • ’: 1 I CERTIFICATE OF SURVEY DESCRIPTION (by others) Thot part of Government Lot 3 of Section 2, Township 136 North, Ronge 39 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the northeosterly corner of Lot 4, Block Two, of LAKESIDE ESTATE EAST, plat of which is on file and of record in the office of the Recorder of said County; thence Norih 77 degrees 51 minutes 50 seconds West 237.23 feet on an ossumed bearing along the northerly line of said Lot 4 to a found iron monument at the northwesterly corner of soid Lot 4; thence North 22 degrees 31 minutes 13 seconds West 244.61 feet to an iron monument; thence North 76 degrees 57 minutes 41 seconds West 121.06 feet to on iron monument; thence North 70 degrees 30 minutes 50 seconds West 137.90 feet to on iron monument; thence North 45 degrees 00 minutes 00 seconds West 121.62 feet to on iron monument; thence North 37 degrees 25 minutes 06 seconds East 126.00 feet to a found iron monument on the southwesterly line of Sub Lot D of that certain Sub Lot plat recorded in Book K of Plats, poge 36 in the office of the Recorder of said County, said point is the point of beginning; thence North 61 degrees 30 minutes 15 seconds West 120.00 feet; thence North 25 degrees 33 minutes 55 seconds East 145.32 feet, more or less, to the woter's edge of Little Pine Lake; thence southeosterly olong the water's edge of said Little Pine Lake to the intersection with a line which bears North 06 degrees 00 minutes 21 seconds Host from the point of beginning; thence South 06 degrees 00 minutes 21 seconds West 25 feet, more or less, to a found iron monument; thence continuing South 06 degrees 00 minutes 21 seconds West 137.01 feet to the point of beginning. SUBJECT TO an eosement over, under and across that part of the above tract described as follows: Beginning at the ofore mentioned point of beginning; thence North 06 degrees 00 minutes 21 seconds Eost 50.00 feet; thence North 61 degrees 30 minutes 15 seconds West 2.00 feet; thence South 06 degrees 00 minutes 21 seconds West 50.00 feet; thence South 61 degrees 30 minutes 15 seconds East 2.00 feet to the point of beginning of said easement. CERTIFICATION I hereby certify thot this survey, plon, or report wos prepared by me or under my direct supervision ond that I om o duly Licensed Professional Lend Surveyor under the laws of the Stote of Minnesota. JAMES W, MoWLDS, PLS REG. NO. U3- DATE ^SSStote of North Dokoto County of Cass On this day ofbefore me personally oppeored ^AMES W. FOWLOS, known to me to be the person who is described in and who executed the within instrument and ocknowledged to me thot he executed the some. in the year of 2004, scon WILCOXNotary Public State of Noilh Dakota My Commission Expires May 27, 2010 (I I »I GARY KENDRICK 44375 S. SHORE DRIVE FIRE #205, LITTLE PINE LAKE OTTER TAIL COUNTY. MINNESOTAtawBismarck - Detroit Lakes • Fargo - Minneapolis • Sioux Falls 3350 38lh Avanue South Fargo, North Dakota 58104 Phone: 701.237.3211 Fax: 701.237.3191 Web: www.ulteig.com Drawn By: SLW ^engineers 104.741 Date: SEPT. 16.2004Project Number: DWG Name: 104-741 -L.DWG Sheets:1 oM «>L ” Ir - 20Scale \py'i'- i p{eiGHS<i^ f4o/f)0^ Hei^Am A^A^e- k H^p /u:^ flee/,\^H7 NeiGj/lc/^ ON S h/\P-A2G&3Ll' N /^r Jg 8^5 II 2^^ ( 49- / *, ts rf -f V ■i7TM.V \l____ .1 tI 1 /ao' 73 Z^/- v5iSw/^^<3 /3<o 7^ o y^£>C^S G4M£e>, ^;£i£^W/iJK P/l,ve^iA//iy ^3N0'4siuAfiG> yeeST /9SO^'U^tLT' 6m/ 4- /A^AiKtem/) /^pii,af: ^37^ yelloW p;Na 0^,re> Po^/y>^r M»NM fMoN& ^e'7-AtS---j(3in deceived ^>'T I 2 2004 “®s resource 313.987 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870BK — 0403 Waype Stein - requested varience from gary and Henrietta kendriek for construction From: "Stephen Shurel<aeshure@earthlink.net> ; To: Date: Subject: requested varience from gary and henrietta kendriek for construction <wstein@cb.ottertail.mn.us> 10/27/2004 12:32 PM « j. ; Mr stein ; please be advised that my brother Charles shure and I are both strongly opposed to any variance on the shore of little pine lake for the construction of any dwelling so close to the lake. The lakes in the area are now . becoming little more than a "watered down" version of suburbia and this needs to be changed, all of the . construction and destruction of the shoreline is seriously destroying all of our lakes and the remaining habitat. Thank ypu’for considering our objection. We are unable to attend due to the distance inyolved. Our lake home address is 44477 yellow pine dr. — Stepheri Shure —.aeshure@earthlink.net — EarthLink: The #1 provider of the Real Internet. ■I. i' • • > . . 'v . . ■'j Notice of Hearing for Variance t Otter Tail County Government Services Center SIOFirAveW Fergus Palis, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.6ttertail.mn.us www.co.otter-tail.mn.us u- Applicant must be present at the scheduled hearing. / To Whom It May Concern; - Gary and Henrietta Kendrick 34201 Skunk Hollow. Ave Cannon Falls, MN 55009 has made application to the OtterTail County Board of Adjustment for a variance as per requiremerits of the Otter Tail -County Shoreibnd 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 r Thursday, November 4, 2004, at 6:30 p.m ■j in the Cominissioners’ 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 rbquiring.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 - 44375 Yellow Pine Dr Section 2, Township 136, Range 39 - Township Name - Perham Lake No. 56-142, Lake Name - Little Pine, Class- GD I The variance requested is- a variance of 37’ from the required ordinary high water level setback of 75’ for the construction of a dwelling 38’ from ■ the.ordinary high water. Stein Board of Adjustment Secretary Date: October. 16, 2004 •• 1-. 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 18th, day of October, 2004 the attached Notice of Hearing for Variance was duiy served upon the individuals listed below and/or included in the attachment: Gary and Henrietta Kendrick, 34201 Skunk Hollow Ave, Cannon Falls, MN 55009 Roberta Sachs, Twp Clerk of Perham, 45257 Jack Pine Dr, Perham, MN 56573 Little Pine Lake Assoc, PO Box 62, Perham, MN 56573 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1^'Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 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 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Leslie Estes PO Box 358, Battle Lake, MN 56515 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 18, 2004 Wayne Stein, Secretary Otter Tail County Board of Adjustment c9By: Vi Manderud