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Home My WebLink About51000060074000_Variances_08-01-2002Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA S08B41 90SG41 I hereby certify that this instrument # _ was filed/recorded in^is office for record on the ^ day of 2002 at £3D@;^pm Wendy L^Mellcalf, pjpunty (Record®’’ .Dipityr.]Q'aby:recordihofee^ well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 66537 (218) 739-2271 ***COMPLETE THIS APPLICATION IN BLACK INK*** Application Fee Receipt Number R.G'xll ^ O-Xt// //^ I/' i //^ /^c/ f^LAKE NAME Dv'U'cj /sr Zcf> SECTION To'I/V^IhIP Ca RANGE PARCEL NUMBER O ^ O O 7>/ ^ rtjinn DAYTIME PHONEPROPERTY OWNER ADDRESS GO5k-^LAKE CLASS TOWNSHIP NAME J~\ P LAKE NUMBER A ^ i'-f^ 4iArl AeroY(l(xFIRE/LAKE I.D. NUMBER Rd S H Nc Vk Loi ^ B/ +rs + (r^5 LEGAL DESCRIPTION ' ; TYPE OF VARIANCE REQUESTED (Please Check) Misc.Subdivision____ ClusterSewage SystemStructure Setback Structure Size SPECIFY VARIANCE REQUESTED O o7~ i> ci ^ r^cr ^'Tkr ?rw\ 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 MANAGEMENXvREGARDING THIS MATTER. /)?7 07?^. L SIGNATURE^OF PROPERTYOWNElf ^ DATE ' APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ISPi^ctlwd Povnt f^rhan'"^ 1^-ov-b -cDy -ao^ -mi'- ~ oo S c Mot^rdn^ 5€c /Taee cLC6€ TH'^SE Lots ^CTUTrLLl/ ^(Z€ ' rri£ASWd&e£) Pf2<5^^ THg NUv t^ICCT Of^LX hi dd b<irq ~ tw VC jobs i-^] 4 |67- I 1^ lo<^ ■^djx.l'O— c5 "\/ / ^ ' '5, " i / p^‘’~-ciju:h~~^. LI -II 11 ‘f -^€1x0^^ I A-CO f ■ ^ '^<3. ■ c?- '<S’03 : a. a'oos ( aA'Tdi c2 ^3 ^030'A - JJJ^ ^ImIo^ Accepted By Land & Resource L & R Official/Date xCX<XC JuU^rt' ^L'TimeDate Of Hearing Motion Marion R. Gill - Approved as requested. (6:47 p.m.) Motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve a variance to subdivide a 2.74 acre buildable lot out of the existing 122 acre parcel. It was noted that the granting of the variance as requested would not establish precedence for this area. / xCMirma^tter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) a mwJlo ar:te^ No Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 ♦ Victor Lyndeao Co.. P/inre/s • Peigus Falls. Minnesota?9t.306 OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, August 1, 2002 The Otter Tail County Board of Adjustment met Thursday, August 1, 2002, with the folloOving persons in attendance; Frank Lachowwitzer Randall Mann Mark Steuart Cecil Femling Paul Larson Steve Schierer Pat Eckert, Land and Resource Management David Hauser, County Attorney Call to Order- Randall Mann, Chair, 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 July 11, 2002 meeting was approved as mailed. The following variance requests were heard: David and Karen Ohide- Approved ordinary high water level setback with conditions. (6:30 p.m.) David and Karen Ohide, Dent, MN, requested a variance of 60’ from the required ordinary high water level setback of 100’, a variance of 7’ from the required side lot line setback of 10’ and a variance of 6’ from the required drain field setback of 20’ for the placement of an attached garage 40’ from the ordinary high water level, 3’ from the northeast lot line and 14’ from the drain field. The property is described as Lot 5, Engstrdm’s Beach Third Addition, West McDonald Lake in Edna Towpship. The audience was polled with Judy Seifert addressing the variance request. After consideration, motion was made by Cecil Femling, second by Steve Schierer, and unanimously carried, to approve a variance of 60’ from the required ordinary high water level setback of 100’ for the placement of a garage 40’ from the ordinary high water level with the condition that the proposed garage must meet all other setback requirements and with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. It was noted that the variance as granted should provide the applicants with a reasonable use of their property. Reasons for not granting the variance as requests were as follows; 1.) the area is very crowded, 2) the location of the attached garage to the drain field causes health concern, and 3.) the proposed development is within the shore impact zone. Hardship is a substandard lot of record. Marion R. Gill - Approved as requested. (6:47 p.m.) Marion R. Gill, Perham, MN, requested a variance to take 2.74 acres out of the 122-acre farm with out a plat. The property is described as part of the South Half of the Northeast Quarter and part of Government Lots 2 and 3, Section 6 of Perham Township by Devils Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve a variance to subdivide a 2.74 acre buildable lot out of the existing 122 acre parcel. It was noted that the granting of the variance as requested would not establish precedence for this area. ROY A. SMITH & ASSOCIATES LAND SURVEYING AND CONSULTING ENGINEERING County Surveyor for Becker County 522 West Main Street Detroit Lakes, Minnesota 56501 218-847-4289 218-846-1945 fax Marion Gill - 2.74 acre, more or less, tract on Devils Lake Land description: That part of Government Lot 2 of Section 6, Township 136 North, Range 39 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the southwesterly comer of Lot 25, Block 1, of AERO VILLA, said plat is on file and of record in the office of the Recorder in said County; thence South 23 degrees 37 minutes 00 seconds East 69.86 feet on an assumed bearing along the westerly line of said AEROVILLA to the southwesterly comer of said AEROVILLA; thence North 85 degrees 31 minutes 00 seconds East 121.96 feet along the southerly line of said AEROVILLA to the most easterly comer of a Dedicated Public Road according to ACKLING POINT, said plat is on file and of record in the office of the Recorder in said County; thence South 39 degrees 54 minutes 57 seconds West 1.62 feet along the southeasterly line of said ACKLING POINT to a found iron monument; thence continuing South 39 degrees 54 minutes 57 seconds West 274.98 feet along the southeasterly line of said ACKLING POINT to a found iron monximent; thence South 03 degrees 49 minutes 16 seconds West 24.10 feet along the easterly line of said ACKLING POINT to a found iron monument at the southeasterly comer of said ACKLING POINT; thence North 77 degrees 22 minutes 17 seconds West 33.39 feet along the southerly line of said ACKLING POINT to a found iron monument; thence South 03 degrees 49 minutes 16 seconds West 156.80 feet to a found iron monument; thence South 29 degrees 47 minutes 44 seconds West 150.00 feet to an found iron monvunent hereinafter referred to as Point A; thence South 47 degrees 32 minutes 22 seconds West 464.74 feet to an iron monument, said point is the point of beginning; thence South 60 degrees 41 minutes 46 seconds East 32 feet, more or less, to the water's edge of Devils Lake (also referred to as Little Devils Lake); thence easterly and southwesterly along the water's edge of said Devils Lake (Little Devils Lake) to the intersection with a line which bears South 60 degrees 41 minutes 46 seconds East from the point of beginning; thence South 60 degrees 41 minutes 46 seconds East 17 feet, more or less, to an iron monument; thence continuing South 60 degrees 41 minutes 46 seconds East 3 feet, more or less, to the water's edge of said Devils Lake (Little Devils Lake); thence northeasterly aloi^ the water's edge of said Devils Lake (Little Devils Lake) to the intersection with a line which bears South 00 degrees 00 minutes 00 seconds West fi-om said Point A; thence North 00 degrees 00 minutes 00 seconds East 14 feet, more or less, to a found iron monument; thence continuing North 00 degrees 00 minutes 00 seconds East 44.45 feet to a found iron monument; thence continuing North 00 degrees 00 minutes 00 seconds East 185.97 feet to a found iron monument at the aforementioned Point A; thence North 77 degrees 29 minutes 01 second West 310.00 feet to an iron monument; thence continuing North Roy A. Smith & Associates, Inc.2 77 degrees 29 minutes 01 second West 24 feet, more or less, to the water's edge of Devils Lake; thence southerly along the water's edge of said Devils Lake to the intersection with a line which bears North 60 degrees 41 minutes 46 seconds West from the point of beginning; thence South 60 degrees 41 minutes 46 seconds East 5 feet, more or less, to the point of beginning. The above described tract contains 2.74 acres, more or less. ALSO HEREIN INCLUDED is a 66.00 foot wide easement for ingress and egress purposes over, under, and across part of said Government Lot 2. The centerline of said 66.00 foot wide ingress and egress easement is described as follows: Beginning at a found iron monument at the aforementioned Point A; thence North 29 degrees 47 minutes 44 seconds East 150.00 feet to a found iron monument; thence North 03 degrees 49 minutes 16 seconds East 156.80 feet to a found iron monument on the southerly line of said ACKLING POINT and said centerline there terminates. The sidelines of said 66.00 foot wide ingress and egress easement shall be prolonged or shortened to terminate on the northerly and easterly boundaries of the above described tract and on the southerly line of said ACKLING POINT. I hereby certify that I am a Registered Land Surveyor under the laws of the State of Minnesota and that the above legal description was prepared from information on Certificate of Survey T6180 - 15 dated June 18, 2002, and said legal description is legally sufficient to locate lines shown on said Certificate of Survey.the Roy A. Smith Minnespta Reg. Land Surveyor No. 12004 - /M; '« ■' , a,. -h: * * iji' ■}>. '■v f /f. "d t <*-,-r.^-5 miBO-is 4 44. ^ % .<«/•»>s4'.r jV_ A I -r- *W >. •■' . r:~\' .j tS - , ,.# ‘ 'ff ■t